7ZS 

N4AU 


UC-NRLF 


PUBLIC    SERVICE    COMMISSION 

FOR    THE    FIRST    DISTRICT 


INVITATION  TO  CONTRACTORS,  INFOR- 
MATION FOR  CONTRACTORS,  FoRMS 
OF     CONTRACT,     BOND     AND 
CONTRACTOR'S   PROPOSAL 


FOR 


Land  and  River  Borings  along  the  Lines  of 
Proposed  Rapid  Transit  Railroads 


TRAVIS  H.  WHITNEE 


TABLE  OF  CONTENTS 


PAGE 

INVITATION    TO   CONTRACTORS I 

INFORMATION  FOR  CONTRACTORS Ill 

CONTRACT   1 

CHAPTER  I — GENERAL  PROVISIONS  AND  DEFINI- 
TIONS     2 

CHAPTER  II — WORK  TO  BE  DONE,  PRICES,  ETC 7 

CHAPTER  III — SPECIFICATIONS  PERMIT  OF  SEC- 
RETARY OF  WAR, 22 

CHAPTER  IV — SECURITY  TO  BE  FURNISHED  BY 

CONTRACTOR      26 

CHAPTER  V — PAYMENTS  TO  CONTRACTOR.. 28 

CHAPTER  VI — CONTRACTOR'S  LIABILITY  FOR  IN- 
JURIES   TO    PERSONS   OR    PROPERTY 33 

CHAPTER  VII — TIME    FOR    COMPLETION,    DAM- 
AGES   FOR    DELAY,    ETC 36 

CHAPTER  VIII — REMEDIES    IN    CASE    OF    CON- 
TRACTOR'S  DEFAULT 39 

FORM  OF  CONTRACTOR'S  BOND 46 

FORM  OF  CONTRACTOR'S  PROPOSAL...  48 


INVITATION    TO    CONTRACTORS 

LAND  AND  RIVER  BORINGS 

The  Public  Service  Commission  for  the  First  District  invites 
proposals  to  make  borings  along  the  lines  of  proposed  rapid  tran- 
sit railroad  routes  as  they  may  be  needed  and  ordered : 

IN  THE  BOROUGHS  OF   MANHATTAN,    BROOKLYN,    QUEENS   AND 
BRONX  AND  IN  THE  EAST  RlVER. 

The  following  is  a  statement,  based  upon  the  estimate  of  the 
Chief  Engineer  of  the  Commission,  of  the  quantities  of  the 
various  classes  of  work  and  of  the  nature  and  extent  as  near  as 
practicable  of  the  work  required : 

STATEMENT  OF  APPROXIMATE  QUANTITIES 
LAND  BORINGS 

Item  1.     (a)   Sinking  2^ -inch  casing,  Borough 

of  Manhattan 1,000  linear  feet. 

(b)  Sinking    2^2 -inch    casing,    Bor- 

oughs   of    Brooklyn,    Queens 

and    Bronx 1,000  linear  feet. 

(c)  Sinking  8-inch   casing,   Borough 

of  Manhattan 1,000  linear  feet. 

(d)  Sinking  8-inch  casing,  Boroughs 

of     Brooklyn,     Queens     and 

Bronx 1,000  linear  feet. 

Item  2.     (a)  Drilling    for    1-inch    cores    with 

diamond  drills 100  linear  feet. 

(b)  Drilling    for    1-inch    cores    with 

shot  drills 100  linear  feet. 

(c)  Drilling    for    6-inch    cores    with 

diamond  drills 100  linear  feet. 

(d)  Drilling    for    6-inch    cores    with 

shot  drills 100  linear  feet. 

RIVER  BORINGS 

Item  3.     (a)   Sinking  casing  for  1^-inch  cores    300  linear  feet. 
(b)   Sinking  casing  for  6-inch  cores. .    300  linear  feet. 


INVITATION    TO    CONTRACTORS 

Item  4.     (a)   Drilling  for  1^-inch  cores  with 

diamond   drills 100  linear  feet. 

(b)  Drilling  for  1^-inch  cores  with 

shot  drills 100  linear  feet. 

(c)  Drilling    for    6-inch    cores    with 

diamond   drills 100  linear  feet. 

(d)  Drilling    for    6-inch    cores    with 

shot  drills 100  linear  feet. 

The  quantities  specified  in  the  above  schedule  are  given  only 
as  a  basis  for  the  uniform  comparison  of  bids,  and  no  claim  is  to. 
be  made  against  the  City  on  account  of  any  excess  or  deficiency, 
absolute  or  relative,  in  the  same.  It  is  expected  that  the  work  re- 
quired under  the  contract  may  amount  to  about  twenty-one  thou- 
sand dollars  ($21,000).  The  Commission  reserves  the  right,  how- 
ever, as  stated  in  the  contract,  to  increase  or  to  diminish  or  to 
omit  entirely  any  of  the  quantities  of  items  given  in  the  above 
schedule. 

A  fuller  description  of  the  work  and  other  requirements,  pro- 
visions, details  and  specifications  are  given  in  the  Information 
for  Contractors  and  in  the  form  of  contract.  Copies  of  the  In- 
formation for  Contractors  and  of  the  forms  of  contract,  bond 
and  contractor's  proposal  may  be  had  on  application  at  the  office 
of  the  Commission. 

Sealed  bids  or  proposals  will  be  received  at  the  office  of  the 
Commission  at  No.  154  Nassau  Street,  Borough  of  Manhattan,  New 
York  City,  until  the  10th  day  of  July,  1914,  at  twelve  fifteen 
(12:15)  o'clock  p.  m.,  at  which  time,  or  at  a  later  date  to  be 
fixed  by  the  Commission,  the  proposals  will  be  publicly  opened. 

New  York,  June  27,  1914. 

PUBLIC  SERVICE  COMMISSION  FOR  THE 

FIRST  DISTRICT 
By  EDWARD  E.  McCAix,  Chairman. 

TRAVIS  H.  WHITNEY,  Secretary 


II 


INFORMATION    FOR    CONTRACTORS 

LAND  AND  RIVER  BOEINGS 

The  Public  Service  Commission  for  the  First  District  (herein-  proposals 
after  called  the  "Commission"),  invites  proposals  to  make  bor- 
ings along  the  lines  of  proposed  rapid  transit  railroad  routes  as 
they  may  be  needed  and  ordered : 

IN  THE  BOROUGHS  OF  MANHATTAN,  BROOKLYN,  QUEENS  AND 
BRONX  AND  IN  THE  EAST  RlVER. 

The  locations  of  the  proposed  borings  will  be  indicated  on   Locations 
drawings  to  be  furnished  as  the  borings  are  required. 

Land  borings  are  to  be  carried  generally  to  the  subgrade  of  Depth 
the  railroad,  but  they  may  be  extended  to  a  greater  depth.  If  rock 
is  encountered  a  penetration  of  fifteen  (15)  feet  may  be  required. 
For  elevated  railroads  it  is  expected  that  the  borings  will  not,  as 
a  rule,  exceed  about  fifteen  (15)  feet  in  depth  although  they 
may  be  extended  to  a  greater  depth  if  it  is  thought  advisable. 

For  river  work  the  borings  will  be  carried  at  least  to  the  sub-   River  work 
grade  of  the  proposed  tunnels,  and,  if  the  nature  of  the  material 
indicates  that  it  is  advisable,  they  may  be  extended  to  a  greater 
depth.    If  the  results  at  any  point  indicate  the  advisability  of 
changing  the  line  of  the  proposed  tunnel,  borings  along  that  line 
may  be  abandoned  and  additional  borings  required  along  other 
lines.      The  rules  and  regulations  of  the  War  Department  and   united  states 
of   the   Superintendent   of   Anchorages   shall   be   observed,   and   relations 
the   Contractor   shall   assume   all    risks    for   accidents   of    what- 
ever nature  that  may  occur  during  the  progress  of  the  work.     In 
the  East  River  the  tide  and  traffic  conditions  make  borings  diffi- 
cult and  hazardous.     The  Contractor  must  be  prepared  to  carry 
out  his  work  under  the  conditions  to  be  met  and  to  maintain  a 
satisfactory  rate  of  progress. 

The  Commission  will  furnish  the  necessary  permits,  except  permits 
blasting  permits,  at  the  Contractor's  expense.     The  Contractor 
shall  pay  for  water  used  and  for  the  water  inspectors  required  by 
the  Department  of  Water  Supply,  Gas  and  Electricity. 

The  attention  of  bidders  is  called  to  the  permit  of  the  United  united  state* 
States  War  Department  and  to  the  requirement  therein  that  an 
inspector,  to  be  appointed  by  the  Engineer  Office  of  the  United 

III 


INFORMATION   FOR   CONTRACTORS 


Examination 
by  bidders 


Contract, 
drawings  and 
specifications 


Payments 


Commencement 
and 

completion 
of   work 


Receipt  of  bids 


Form  of 
proposals 

Engineer's 
estimate 


States  Army  in  charge  of  the  improvement  of  the  East  River, 
shall  be  stationed  on  the  scows  during  the  work  of  making  the 
river  borings.  The  'salary  of  such  inspector,  which  will  not  ex- 
ceed $100  per  month,  is  to  be  paid  by  the  Contractor  and  secured 
by  the  deposit  of  a  certified  check  and  must  be  allowed  for  in  the 
bid. 

Bidders  must  examine  the  form  of  contract  and  specifications 
and  make  their  own  estimates  of  the  facilities  and  difficulties 
attending  the  execution  of  the  proposed  work. 

A  fuller  description  of  the  work  to  be  done  and  other  require- 
ments, provisions,  details  and  specifications  are  given  in  the  form 
of  contract  and  specifications.  Copies  of  the  form  of  contract, 
specifications,  bond  and  contractor's  proposal  may  be  had  on 
application  at  the  office  of  the  Commission,  No.  154  Nassau  Street, 
Borough  of  Manhattan,  New  York  City.  The  Information  to 
Contractors,  form  of  contract  and  specifications,  bond  and  con- 
tractor's proposal  are  to  be  deemed  a  part  of  the  Invitation. 

Partial  payments  to  the  Contractor  will  be  made  monthly  as 
the  work  proceeds  as  provided  in  the  form  of  contract. 

The  Contractor  will  be  required  to  begin  work  within  ten  (10) 
days  after  the  date  he  is  ordered  to  make  any  borings  and  must 
complete  the  work  as  soon  as  practicable  and  within  a  period 
of  three  (3)  months  from  the  date  he  is  ordered  to  make  any 
borings,  unless  such  period  be  extended  as  provided  in  the  form 
of  contract. 

Sealed  bids  or  proposals  will  be  received  at  the  office  of  the 
Commission  at  No.  154  Nassau  Street,  Borough  of  Manhattan,  New 
York  City,  until  the  10th  day  of  July,  1914,  at  twelve  fifteen 
(12:15)  o'clock  p.  m.,  at  which  time,  or  at  a  later  date  to  be 
fixed  by  the  Commission,  the  proposals  will  be  publicly  opened. 

Proposals  must  be  in  the  form  prescribed  by  the  Commission. 

The  following  is  a  statement,  based  upon  the  estimate  of  the 
Chief  Engineer  of  the  Commission,  of  the  quantities  of  the 
various  classes  of  the  work  and  of  the  nature  and  extent  as  near 
as  practicable  of  the  work  required. 

STATEMENT  OF  APPROXIMATE  QUANTITIES 
LAND  BORINGS 

Item  1.     (a)   Sinking  2^ -inch  casing,  Borough 

of  Manhattan 1,000  linear  feet. 

IV 


INFORMATION  FOR  CONTRACTORS 

(b)  Sinking    2^ -inch    casing,    Bor- 

oughs   of    Brooklyn,    Queens 

and   Bronx 1,000  linear  feet. 

(c)  Sinking  8-inch  casing,   Borough 

of  Manhattan 1,000  linear  feet. 

(d)  Sinking  8-inch  casing,  Boroughs 

of     Brooklyn,     Queens     and 

Bronx   1,000  linear  feet. 

Item  2.     (a)  Drilling    for   1-inch    cores   with 

diamond  drills 100  linear  feet. 

(b)  Drilling    for   1-inch   cores   with 

shot  drills 100  linear  feet. 

(c)  Drilling    for    6-inch    cores    with 

diamond  drills 100  linear  feet. 

(d)  Drilling    for    6-inch    cores    with 

shot  drills 100  linear  feet. 

RIVER  BORINGS 

Item  3.     (a)   Sinking  casing  for  1^-inch  cores   300  linear  feet. 
(b)   Sinking  casing  for  6-inch  cores. .    300  linear  feet. 

Item  4.     (a)  Drilling  for  1^-inch  cores  with 

diamond  drills 100  linear  feet. 

(b)  Drilling  for  1^-inch  cores  with 

shot  drills 100  linear  feet. 

(c)  Drilling    for    6-inch    cores   with 

diamond   drills 100  linear  feet. 

(d)  Drilling    for    6-inch    cores    with 

shot  drills 100  linear  feet. 

The  quantities  specified  in  the  above  Schedule  are  given  only  Quantities 
as  a  basis  for  the  uniform  comparison  of  bids,  and  no  claim  is  to  or3y°x 
be  made  against  the  City  on  account  of  any  excess  or  deficiency, 
absolute  or  relative,  in  the  same.     It  is  expected  that  the  work 
required  under  the  contract  may  amount  to  about  twenty-one 
thousand  dollars  ($21,000).    The  Commission  reserves  the  right, 
however,  as  stated  in  the  contract,  to  increase  or  to  diminish  or 
to  omit  entirely  any  of  the  quantities  of  items  given  in  the  above 
Schedule. 


INFORMATION  FOR  CONTRACTORS 


Bond 


°f  Every  proposal  must,  when  submitted,  be  enclosed  in  a  sealed 
envelope  endorsed  "Proposal  for  Making  Land  and  River  Bor- 
ings" and  must  be  delivered  to  the  Commission  or  its  Secretary ; 
and  in  the  presence  of  the  person  submitting  the  proposal,  it  will 
be  deposited  in  a  sealed  box  in  which  all  proposals  will  be  de- 
posited. No  proposal  will  be  received  or  deposited  unless  accom- 
panied by  a  certified  check  for  one  thousand  dollars  ($1000)  pay- 
able to  the  order  of  the  Comptroller  of  the  City  and  drawn  upon 
a  national  or  state  bank  or  trust  company  satisfactory  to  the  Com- 
mission and  having  its  principal  office  in  New  York  City.  Such 

check  must  not  be  enclosed  in  the  envelope  containing  the 
proposal. 

unbalancing  The  Unit  Prices  must  not  be  improperly  balanced,  and  any  bid 
which  the  Commission  considers  detrimental  to  the  City's  inter- 
ests may  be  rejected. 

No  proposal,  after  it  shall  have  been  deposited  with  the  Com- 
mission, will  be  allowed  to  be  withdrawn  for  any  reason  what- 
ever. 

The  award  of  the  contract  will  be  made  by  the  Commission 
as  soon  as  practicable  after  the  opening  of  the  proposals. 

A  bidder  whose  proposal  shall  be  accepted  shall,  in  person  or 
by  duly  authorized  representative,  attend  at  the  said  office  of  the 
Commission  within  five  (5)  days  after  the  delivery  of  a  notice 
by  the  Commission  that  his  proposal  is  accepted,  and  such  bidder 
shall  then  deliver  a  contract  in  the  form  referred  to,  duly  executed 
and  with  its  execution  duly  proved. 

At  the  time  of  the  delivery  of  the  contract,  the  Contractor  will 
be  required  to  furnish  security  to  the  City  by  depositing  a  bond 
or  cash  in  the  sum  of  five  thousand  dollars  ($5,000).  The  ('re- 
tractor's bond  must  be  in  the  form  annexed  to  the  form  of 
contract. 

In  addition  and  as  further  security  to  the  City,  ten  per  centum 
(10%)  of  the  amounts  certified  from  time  to  time  to  be  due  to 
the  Contractor  will  be  retained  until  the  work  is  fully  completed 
and  accepted. 

Bidders  shall  state  in  their  proposals  whether  they  desire  to 
deposit  a  bond  or  cash.  In  case  the  sureties  named  in  the  proposal 
are  not  approved  by  the  Commission,  the  bidder  naming  such 
sureties  will  be  required  within  five  (5)  days  after  notice  of  such 
disapproval  or  within  such  further  period,  if  any,  as  may  be 


No    withdrawal 


Award 


Contract 
signed 


Retained 
percentage 


Sureties 


VI 


INFORMATION   FOR  CONTRACTORS 

prescribed  by  the  Commission  to  substitute  the  names  of  other 
sureties  approved  by  the  Commission. 

Deposits  made  by  bidders  whose  proposals  are  not  accepted 
will  be  returned  within  three  (3)  days  after  the  contract  is 
executed  and  delivered  and  its  provisions  in  respect  of  the  bond 
or  deposits  are  complied  with,  unless  all  proposals  shall  be  re- 
jected, in  which  event  such  deposits  will  be  returned  within  three 
(3)  days  after  such  rejection.  The  deposit  of  the  successful 
bidder  will  be  returned  when  the  contract  is  executed  and  its 
provisions  in  respect  of  the  bond  or  deposit  are  complied  with. 

The  right  to  reject  any  and  all  bids  is  reserved. 

New  York, 

PUBLIC  SERVICE  COMMISSION  FOR  THE 

FIRST  DISTRICT 
By  EDWARD  E.  McCAix,  Chairman 

TRAVIS  H.  WHITNEY,  Secretary 


VII 


BORINGS    FOR   RAPID   TRANSIT    RAILROADS 


CONTRACT 

Agreement  made  this  day  of  ,  1914 

between  THE  CITY  OF  NEW  YORK,  hereinafter  called  the  City, 
acting  by  the  PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DIS- 
TRICT, hereinafter  called  the  Commission,  party  of  the  first  part, 
and 


hereinafter  called  the  Contractor,  part*          of  the  second  part. 

WHEREAS  the  Commission  in  behalf  of  the  City  has  invited 
contractors  to  submit  to  the  Commission  proposals  for  making 
this  contract;  and 

WHEREAS  the  Contractor  has  thereupon  duly  submitted  to  the 
Commission  a  proposal,  which  has  been  accepted; 

Now,  THEREFORE,  in  consideration  of  the  mutual  covenants 
and  agreements  hereinafter  contained,  the  parties  do  hereby,  the 
City  for  itself  and  its  successors,  and  the  Contractor  forf 

and  assigns 

Agree  each  with  the  other  as  follows: 


*  Here  insert  y  or  ies,  as  the  case  may  be. 

f  Here  insert,  if  a  corporation,  itself,  its  successors;  if  a  single  indi- 
vidual, himself,  his  executors,  administrators;  if  several  individuals, 
themselves  jointly  and  severally,  and  their  and  each  of  their  executors, 
administrators. 


Outline    of 
contract 


CHAPTER    I 
GENERAL  PROVISIONS  AND   DEFINITIONS 

ARTICLE  I.  The  Contractor  agrees  to  make  the  land  and  river 
borings  hereinafter  described  together  with  all  work  necessary 
therefor  or  incidental  thereto.  The  City  agrees  to  pay  to  the 
Contractor  the  sums  of  money  hereinafter  mentioned  at  the  times 
and  in  the  manner  and  upon  the  terms  and  conditions  hereinafter 
set  forth. 


Marginal 
notes,  etc. 


Definitions 
of  words 


'Commission' 


'Contractor" 


ARTICLE  II.  Titles,  headings,  running  headlines  and  marginal 
notes  are  printed  hereon  merely  for  convenience  and  shall  not  be 
deemed  to  be  any  part  of  this  contract  for  any  purpose  whatever. 

ARTICLE  III.  The  following  words  and  expressions  used  in 
this  contract  shall,  except  where  by  the  context  it  is  clear  that 
another  meaning  is  intended,  be  construed  as  follows: 

(1)  The  word  "City"  to  mean  The  City  of  New  York  and 
any  other  corporation  or  division  of  government  to  which  the 
ownership,  rights,  powers  and  privileges  of  The  City  of  New 
York  under  the  Rapid  Transit  Act  shall  hereafter  come,  belong 
or  appertain. 

(2)  The  word  "Commission"  to  mean  the  Public  Service 
Commission   for  the  First  District  and  any  other  board,  body, 
commission,  official  or  officials  to  which  or  to  whom  the  powers 
now  belonging  to  the  said  Commission  in  respect  of  the  location, 
construction,  equipment,  maintenance  and  operation  of  rapid  tran- 
sit railroads  under  the  provisions  of  the  Rapid  Transit  Act  shall, 
by  virtue  of  any  act  or  acts,  hereafter  pass  or  be  held  to  appertain. 


(3)     The  word  "Contractor"  to  mean  the  part* 
second  part  to  this  contract  andf 


of  the 


and 

any  and  every  person  or  corporation  who  or  which  shall  at  any 
time  be  liable  in  the  place  or  for  the  part  of  the  second 

part  to  perform  any  obligations  under  this  contract  assumed  by 


*  Here  and  in  like  blanks  hereafter  insert  y  or  ies,  as  the  case  may  be. 

t  Here  insert,  as  the  case  may  be,  either  its  successors  or  his  executors, 

administrators  and  assigns,  or  their  executors,  administrators  and  assigns. 


GENERAL  PROVISIONS  AND  DEFINITIONS 

the  part  of  the  second  part.    For  convenience  the  Contractor 

is  hereinafter  referred  to  as  if  the  Contractor  were  an  individual. 
The  word  "he"  shall,  as  the  sense  may  require,  include  "she,"  "it" 
and  "they;"  the  word  "him"  shall  include  "her,"  "it"  and  "them"; 
and  the  word  "his"  shall  include  "her,"  "its"  and  "their." 

(4)  The  word  "Comptroller"  to  mean  the  Comptroller  of  "Comptroller" 
the  City  and  the  officer  or  board  to  whom  or  to  which  his  powers 

now  existing  under  the  Rapid  Transit  Act  shall  come  to  appertain. 

(5)  The  word  "Engineer"  to  mean  the  Chief  Engineer  of  the  "Engineer" 
Commission  or  his  duly  authorized  representative  and  any  suc- 
cessor or  successors  duly  appointed  or  any  deputy  or  substitute 

for  him  who  shall  be  appointed  by  the  Commission  or  by  its 
authority. 

(6)  The  words  "New  York"  to  mean  the  City  of  New  York  "Xew  York" 
according  to  its  boundaries  at  the  date  of  this  contract. 

(7)  The  word  "notice"  to  mean  a  written  notice.  "Notice" 

(8)  The   words    "directed,"    "required,"    "permitted,"    "or-  "Direction, 
dered,"  "designated,"  "prescribed"  or  words  of  like  import,  used 

in  the  specifications  or  upon  the  drawings,  to  mean,  respectively, 
the  direction,  requirement,  permission,  order,  designation  or  pre- 
scription of  the  Engineer,  and  similarly  the  words  "approved," 
"acceptable,"  "satisfactory"  or  words  of  like  import,  used  in  the 
specifications  or  upon  the  drawings,  to  mean,  respectively,  ap- 
proved by,  or  acceptable  or  satisfactory  to,  the  Engineer. 

(9)  The  word  "Works"  to  mean  all  the  matters  and  things  "The  works" 
herein  agreed  to  be  furnished  or  done  by  or  on  the  part  of  the 
Contractor. 

ARTICLE  IV.     The  Contractor  hereby  designates  room  num-  Legal  address 
ber  on  the  floor  of  the  building  number 

in  the  Borough  of 

in  the  City  of  New  York  as  the  place  where  all  notices,  direc- 
tions and  other  communications  to  the  Contractor  may  be  served, 
mailed  or  delivered.  The  delivering  at  the  aforesaid  place  or 
depositing  in  a  postpaid  wrapper  directed  to  the  aforesaid  place, 
in  any  post-office  box  regularly  maintained  by  the  Post-office  De- 
partment, of  any  notice,  direction  or  other  communication  to  the 
Contractor  shall  be  deemed  to  be  sufficient  service  thereof  upon 

3 


GENERAL  PROVISIONS  AND  DEFINITIONS 

the  Contractor  as  of  the  date  of  such  delivery  or  deposit.  Such 
address  may  be  changed  at  any  time  by  an  instrument  in  writing 
executed  and  acknowledged  by  the  Contractor  and  delivered  to 
the  Commission.  Service  of  any  notice,  direction  or  other  com- 
munication may  also  be  made  upon  the  Contractor  personally  or 
if  the  Contractor  be  a  corporation,  upon  any  officer  or  director 
thereof. 


contractor  ARTICLE  V.     If  the  Contractor  shall  cause  any  part  of  this 

responsible    for 

acts  of  contract  to  be  performed  by  a  subcontractor,  the  provisions  of 

subcontractor's 

employees  this  contract  shall  apply  to  such  subcontractor  and  his  officers, 
agents  and  employees  in  all  respects  as  if  he  and  they  were  em- 
ployees of  the  Contractor  ;  and  the  Contractor  shall  not  be  in  any 
manner  thereby  discharged  from  his  obligations  and  liabilities 
hereunder,  but  shall  be  liable  hereunder  for  all  acts  and  negli- 
gence of  the  subcontractor,  his  officers,  agents  and  employees  as 
if  they  were  employees  of  the  Contractor.  The  employees  of  the 
subcontractor  shall  be  subject  to  the  same  provisions  hereof  as 
employees  of  the  Contractor;  and  the  work  and  materials  fur- 
nished by  the  subcontractor  shall  be  subject  to  the  provisions 
hereof  as  if  furnished  directly  by  the  Contractor. 


subcontractor 


ARTICLE  VI.     The   Contractor,   before   making   any   subcon- 
tract  of  the  workj  shall  si3iiQ  >m  writing  to  the  Commission  the 

name  of  the  proposed  subcontractor,  the  portion  of  the  work 
which  such  subcontractor  is  to  do  or  the  materials  which  such 
subcontractor  is  to  furnish,  the  place  of  business  of  such  sub- 
contractor and  such  other  information  as  the  Commission  may 
require.  The  Commission  shall  have  the  right  to  require  the  Con- 
tractor not  to  award  any  subcontract  to  a  person,  firm  or  cor- 
poration disapproved  of  by  the  Commission. 

ARTICLE  VII.    Any  engineer  substituted  by  the  Commission  in 

.      ._,,...    -,-,  ,  ,  «  M1  ,. 

place  of  the  Chief  Engineer  during  the  absence,  illness  or  dis- 
ability of  the  Chief  Engineer  or  when  the  Commission  shall  so 
determine  shall,  during  his  official  connection,  have  all  the  power 
and  authority  of  the  Chief  Engineer  and  in  all  respects  be 
recognized  as  such  Chief  Engineer. 

contractor  ARTICLE  VIII.     The   Contractor   shall   not   assign,   transfer, 

sublet0,  etc.lgn      convey,    sublet    or    otherwise    dispose   of    this    contract   or   his 


Substitute  for 

Chief    Engineer 


GENERAL  PROVISIONS  AND  DEFINITIONS 

right,  title  or  interest  in  or  to  the  same  or  any  part  thereof 
without  the  previous  consent  in  writing  of  the  Commission,  and 
he  shall  not  assign  by  power  of  attorney  or  otherwise  any  of  the 
moneys  to  become  due  and  payable  under  this  contract  unless  by 
and  with  the  like  consent.  If  the  Contractor  shall  without  such 
previous  written  consent  assign,  transfer,  convey,  sublet  or  other- 
wise dispose  of  this  contract  or  of  his  right,  title  or  interest 
therein  or  any  of  the  moneys  to  become  due  under  this  contract, 
to  any  other  person,  company  or  corporation,  this  contract  may 
at  the  option  of  the  Commission  be  revoked  and  annulled  and 
the  City  shall  thereupon  be  relieved  and  discharged  from  any  and 
all  liability  and  obligations  growing  out  of  the  same  to  the  Con- 
tractor and  to  his  assignee  or  transferee ;  and  no  right  under  this 
contract  or  to  any  money  to  become  due  hereunder  shall  be 
asserted  against  the  City  in  law  or  in  equity  by  reason  of  any  so- 
called  assignment  of  this  contract  or  any  part  thereof  or  of  any 
moneys  to  grow  due  hereunder  unless  authorized  as  aforesaid  by 
the  written  consent  of  the  Commission ;  provided  that  nothing 
herein  contained  shall  be  construed  to  hinder,  prevent  or  affect 
an  assignment  by  the  Contractor  for  the  benefit  of  his  creditors 
made  pursuant  to  the  statutes  of  the  State  of  New  York. 

ARTICLE  IX.  The  Contractor  agrees  to  comply  with  the  pro-  Labor  Law 
visions  of  the  Labor  Law,  including  Section  Three  thereof  as 
re-enacted  by  Chapter  36  of  the  Laws  of  1909.  The  Contractor 
further  agrees  and  stipulates  that  no  laborer,  workman  or 
mechanic  in  the  employ  of  the  Contractor,  subcontractor  or  other 
person  doing  or  contracting  to  do  the  whole  or  a  part  of  the  work 
contemplated  by  this  contract,  shall  be  permitted  or  required  to 
work  more  than  eight  hours  in  any  one  calendar  day,  except  in 
cases  of  extraordinary  emergency  caused  by  fire,  flood  or  danger 
to  life  or  property;  and  further  that  the  wages  to  be  paid  for  a 
legal  day's  work  as  hereinbefore  defined  to  all  classes  of  such 
laborers,  workmen  or  mechanics  upon  the  work  contemplated  by 
this  contract  or  upon  any  material  to  be  used  upon  or  in  connec- 
tion therewith,  shall  be  not  less  than  the  prevailing  rate  for  a 
day's  work  in  the  same  trade  or  occupation  in  the  Borough  of 
the  City,  where  the  work  hereby  contemplated,  about  or  in  con- 
nection with  which  such  labor  is  performed,  in  its  final  or  com- 
pleted form  is  to  be  situated,  erected  or  used ;  and  that  each  such 
laborer,  workman  or  mechanic  employed  by  the  Contractor  or  by 


GENERAL  PROVISIONS  AND  DEFINITIONS 

any  sub-contractor  or  other  person  on,  about  or  upon  the  work 
contemplated  by  this  contract,  shall  receive  such  wages  herein 
provided  for.  This  contract  shall  be  void  and  of  no  effect,  unless 
the  Contractor  shall  comply  with  the  provisions  of  this  section. 
In  obedience  to  the  requirements  of  Section  Fourteen  of  the 
Labor  Law  it  is  further  provided  that  if  the  provisions  of  the 
said  Section  Fourteen  are  not  complied  with,  this  contract  shall 
be  void. 

ARTICLE  X.  No  correction  or  change  in  this  contract  shall  be 
made  except  by  written  instrument  duly  authorized  by  the  Com- 
mission and  consented  to  by  the  Contractor  and  by  the  sureties 
upon  his  bond;  but  this  provision  shall  not  limit  or  affect  the 
right  to  prescribe  changes  and  variations  as  in  this  contract  else- 
where provided. 

ARTICLE  XI.  No  claim  shall  be  made  by  the  Contractor 
against  any  member,  officer,  agent  or  employee  of  the  Commis- 
sion personally  under  or  by  reason  of  this  contract  or  any  of  its 
articles  or  provisions  or  of  anything  ordered  or  required  here- 
under. 


CHAPTER   II 
WORK  TO  BE  DONE,  PRICES,  ETC. 

ARTICLE  XII.  The  Contractor  shall  furnish  all  the  labor  and  work  to  be 
materials,  plant,  power,  tools,  appliances  and  supplies  necessary 
or  proper  for  performing  and  completing  the  work  of  making  the 
borings  in  the  manner  and  within  the  time  hereinafter  specified. 
He  shall  complete  the  borings  and  do  all  work  and  furnish  all 
labor  and  materials  in  and  about  the  making  of  the  borings  to 
the  satisfaction  of  the  Commission  and  in  accordance  with  this 
contract  and  the  specifications  and  at  the  prices  herein  agreed 
upon  and  fixed  therefor. 

ARTICLE  XIII.  The  City  will  pay  and  the  Contractor  shall 
receive  in  full  compensation  for  making  the  land  and  river  bor- 
ings and  for  performing  and  completing  the  Works  and  for 
all  expense  in  connection  therewith  or  incidental  thereto,  in- 
cluding the  furnishing  of  all  labor,  materials,  plant,  power, 
tools,  appliances  and  supplies,  and  for  all  loss  and  damage 
arising  out  of  the  nature  of  the  work  aforesaid  or  from  the  action 
of  the  elements  or  from  any  unforeseen  obstruction  or  difficulty 
encountered  in  the  prosecution  of  the  work,  and  for  all  risks  of 
any  description  connected  with  the  work,  and  for  all  expenses 
incurred  by  or  in  consequence  of  the  suspension  or  discontinuance 
of  the  work  as  herein  specified,  the  prices  contained  in  the  Sched- 
ule of  Unit  Prices  following,  to  wit : 


SCHEDULE  OF  UNIT  PRICES 

LAND  BORINGS 

Item  1.  For  sinking  casing,  being  all  such  work  as  is  called 
for  under  this  contract,  including  the  furnishing  of  all  labor, 
materials  and  appliances  required  and  necessary  to  do  the  work, 
per  linear  foot,  as  follows : 

(a)  For  2^ -inch   casing,   Borough  of   Manhattan,   the 
sum  of 

dollars  ($  ). 

(b)  For  2 1/2 -inch  casing,  Boroughs  of  Brooklyn,  Queens 
and  Bronx,  the  sum  of 

dollars  ($  ). 

(c)  For    8-inch    casing,    Borough    of    Manhattan,    the 
sum  of 

dollars  ($  ). 

(d)  For  8-inch  casing,  Boroughs  of  Brooklyn,  Queens 
and  Bronx,  the  sum  of 

dollars  ($  ). 

Item  2.  For  drilling  for  cores,  being  all  such  work  as  is 
called  for  under  this  contract,  including  the  furnishing  of  all 
labor,  materials  and  appliances  required  and  necessary  to  do  the 
work,  per  linear  foot,  as  follows : 

(a)  For  1-inch  cores  with  diamond  drills,  the  sum  of 

dollars  ($  ). 

(b)  For  1-inch  cores  with  shot  drills,  the  sum  of 

dollars  ($  ). 

(c)  For  6-inch  cores  with  diamond  drills,  the  sum  of 

dollars  ($  ). 

(d)  For  6-inch  cores  with  shot  drills,  the  sum  of 

dollars  ($  ). 

RIVER  BORINGS 

Item  3.  For  sinking  casing  for  cores,  being  all  such  work  as 
is  called  for  under  this  contract,  including  the  furnishing  of  all 
labor,  materials  and  appliances  required  and  necessary  to  do  the 
work,  per  linear  foot,  as  follows: 

(a)  For  1 24-inch  cores,  the  sum  of 

dollars  ($  ). 

(b)  For  6-inch  cores,  the  sum  of 

dollars  ($  ). 

8 


SCHEDULE   OF    UNIT   PRICES 

Item  4.  For  drilling  for  cores,  being  all  such  work  as  *s 
called  for  under  this  contract,  including  the  furnishing  of  all 
labor,  materials  and  appliances  required  and  necessary  for  doing 
the  work,  per  linear  foot,  as  follows : 

(a)   For  1 2/8-inch  cores,  with  diamond  drills,  the  sum  ,>f 

dollars  ($  ). 

(&)   For  1^-inch  cores  with  shot  drills,  the  sum  of 

dollars  ($  ). 

(c)  For  6-inch  cores  with  diamond  drills,  the  sum  of 

dollars  ($  ). 

(d)  For  6-inch  cores  with  shot  drills,  the  sum  of 

dollars  ($  ). 


QUANTITIES 


oniy'for68  ARTICLE  XIV.  The  estimated  quantities  of  the  various  classes 

coming*  bids  °f  wor^  to  ^e  done  and  materials  to  be  furnished  under  this  con- 
tract specified  in  the  Contractor  s  Proposal  are  only  for  the  pur- 
pose of  comparing,  on  a  uniform  basis,  the  bids  offered  for  the 
Works;  and  neither  the  City  nor  the  Commission  nor  any  mem- 
ber of  the  Commission  is  to  be  held  responsible  that  any  of  the 
said  estimated  quantities  shall  be  found  even  approximately  cor- 
rect; and  the  Contractor  expressly  agrees,  as  one  of  the  main 
considerations  moving  to  the  City,  that  he  shall  not  make  or  have 
any  claim  for  damages  or  for  anticipated  profit  or  for  loss  of 
profit  or  otherwise  because  of  any  difference  between  the  quanti- 
ties of  the  various  classes  of  work  actually  done  and  the  estimated 
quantities  of  items  stated  in  the  Contractor's  Proposal  or  because 
of  the  entire  omission  of  any  of  the  quantities  of  items  stated  in 
the  Contractor's  Proposal. 


Quantities 
may  be 
changed 


Contractor 
bound  to 
complete  in 
best   manner 


Best 

machinery, 
etc.,  to  be 
used 


ARTICLE  XV.  The  Commission  expressly  reserves  the  right 
to  increase  or  diminish  to  any  extent  the  quantities  specified  in 
the  Contractor's  Proposal  or  any  of  them  or  to  omit  entirely  any 
one  or  more  of  the  different  classes  of  work  shown  in  the  Schedule 
without  constituting  grounds  for  any  claim  by  the  Contractor  for 
payment  or  allowance  for  damages  or  extra  service  other  than 
is  provided  for  the  items  of  the  different  classes  of  work  shown 
in  the  Schedule,  the  Contractor  expressly  agreeing,  as  one  of  the 
main  considerations  moving  to  the  City,  to  perform  such  classes 
and  such  quantities  of  the  work  shown  in  the  Schedule  as  and 
when  the  Engineer  may  direct  for  the  prices  stipulated  in  the 
Schedule. 

ARTICLE  XVI.  The  Contractor  shall  complete  all  work  in 
accordance  with  the  specifications  and  according  to  the  other 
provisions  of  this  contract  and  within  the  time  specified  in  this 
contract  in  the  most  workmanlike  manner  and  with  the  highest 
regard  to  the  safety  of  life  and  property  and  according  to  the 
directions  given  by  the  Engineer. 

ARTICLE  XVII.  The  Contractor  shall  furnish  of  the  best  de- 
scription all  labor,  materials,  plant,  tools,  appliances  and  supplies 
necessary  to  complete  all  work  covered  by  the  specifications  and 
provisions  of  this  contract. 


10 


INSPECTION 

ARTICLE  XVIII.  The  Commission  contemplates,  and  the  Con-  InsPection 
tractor  approves,  the  most  thorough  and  minute  inspection  at  all 
times  by  the  Commission  and  its  Engineer  and  by  their  representa- 
tives or  subordinates  of  all  work  to  be  done  and  of  all  materials 
to  be  furnished  under  this  contract.  It  is  the  intention  of  the 
Commission  that  its  Engineer  shall  draw  the  attention  of  the 
Contractor  to  all  errors  or  variations  from  the  requirements  of 
this  contract  ;  but  no  omission  on  the  part  of  the  Commission  or 
its  Engineer  or  any  of  their  representatives  or  subordinates  to 
point  out  such  errors  or  variations  shall  give  the  Contractor  any 
right  or  claim  against  the  City  or  shall  in  any  way  relieve  the 
Contractor  from  his  obligations  according  to  the  terms  of  this 
contract. 

ARTICLE  XIX.  The  Contractor  shall  at  all  times  give  to  the 
Commission  and  its  members,  to  the  Engineer  and  his  assistants 
and  subordinates  and  to  any  person  designated  by  the  Commission 
or  its  Chairman  all  facilities,  whether  necessary  or  convenient, 
for  inspecting  the  materials  to  be  furnished  and  the  work  to  be 
done  under  this  contract.  The  members  of  the  Commission,  the 
Engineer  and  his  assistants  and  subordinates  and  all  persons 
bearing  the  authorization  of  the  Commission  or  its  Chairman 
shall  be  admitted  at  any  time  summarily  and  without  delay  to 
any  part  of  the  Works  or  to  inspection  of  materials  at  any  place. 

ARTICLE  XX.     No  inspection  or  acceptance  of  any  part  of 
the  Works  or  of  materials  therefor  shall  relieve  the  Contractor 
of  his  obligation  to  furnish  sound  material  and  perform  sound  etc- 
work,  whether  with  respect  to  such  part  or  to  any  other  part  of 
the  Works. 


ARTICLE  XXL    To  prevent  disputes  and  litigations,  the  Engi- 
neer  shall  in  all  cases  determine  the  classification  for  payment 
and  the  amount,  quality,  acceptability  and  fitness  of  the  several 
kinds  of  work  and  materials  which  are  to  be  performed  or  fur- 
nished under  this   contract,   shall   determine   every  question  in 
relation  to  the  Works  and  the  performance  thereof  and  shall 
determine  every  question  which  may  arise  relative  to  the  fulfill- 
ment of  this  contract  on  the  part  of  the  Contractor.     His  deter-  *°0|je  final 
mination   and   estimate   shall  be   final   and   conclusive  upon   the  Contractor 
Contractor,  and  in  case  any  question  touching  this  contract  shall 

n 


ENGINEER   TO   DETERMINE 


Engineer  to 

explain 

specifications 


Contractor    to 

obey 

directions 


Contractor  has 
examined 
specifications, 
etc. 


Specifications 
do   not   include 
all 
requirements 


arise  between  the  parties  hereto,  such  determination  and  estimate 
shall  be  a  condition  precedent  to  the  right  of  the  Contractor  to 
receive  any  money  under  this  contract. 

ARTICLE  XXII.  The  Engineer  shall  make  all  necessary  ex- 
planations as  to  the  meaning  and  intention  of  the  specifications, 
shall  give  all  orders  and  directions  contemplated  therein  or  thereby 
and  in  every  case  in  which  a  difficult  or  unforeseen  condition  shall 
arise  in  the  performance  of  the  work  required  by  this  contract. 

The  Contractor  shall  promptly  obey  and  follow  every  direction 
which  shall  be  given  by  the  Engineer,  including  any  direction 
which  the  Engineer  shall  give  by  way  of  withdrawal,  modification 
or  reversal  of  any  previous  direction  given  by  him. 

ARTICLE  XXIII.  The  Contractor  hereby  represents  that  prior 
to  the  execution  of  this  contract  he  has  read  each  and  every  article 
and  section  of  this  contract  and  of  the  specifications  and  has  had 
full  opportunity  to  consider  the  same  and  to  make  necessary  in- 
vestigations relating  thereto ;  and  he  shall  not  make  any  claim  for, 
or  have  any  right  to,  damages  or  an  extension  of  time  for  com- 
pletion of  the  Works  or  any  other  concession  because  of  any 
misinterpretation  or  misunderstanding  of  this  contract  or  of  the 
specifications  or  because  of  any  lack  of  information. 

ARTICLE  XXIV.  The  specifications  do  not  include  all  require- 
ments, but  are  requirements  in  addition  to  those  elsewhere  given 
or  provided  in  this  contract.  The  specifications  and  the  other  pro- 
visions of  this  contract  are  intended  to  be  explanatory  of  one 
another.  Should,  however,  any  discrepancy  appear  or  any  mis- 
understanding arise  as  to  the  import  of  anything  contained  in 
either,  the  decision  or  explanation  of  the  Engineer  shall  be  final 
and  conclusive. 

If  in  the  specifications  or  in  this  contract  any  matter  or  thing 
requisite  be  not  indicated,  nevertheless  the  same  is  deemed  to  be 
included  and  the  Contractor  shall  do  or  furnish  the  same  as  part 
of  the  work  hereunder. 


12 


CHAPTER  III 
SPECIFICATIONS 


GENERAL  SECTIONS 

SECTION  1.    There  are  to  be  two  classes  of  borings  under  this  classes  of 
contract — Land  Borings  and  River  Borings. 

SECTION  2.    The  work  to  be  done  under  this  contract  consists  work  to  be 
of  making  borings  along  the  lines  of  proposed  rapid  transit  rail- 
road routes  as  they  may  be  needed  and  ordered : 

IN  THE  BOROUGHS  OF  MANHATTAN,  BROOKLYN,  QUEENS  AND 

BRONX  AND  IN  THE  EAST  RlVER. 

SECTION  3.     Drawings  will  be  issued  to  the  Contractor  by  Drawings 
the  Engineer  from  time  to  time  as  the  borings  are  needed,  giving 
the    approximate    location    of    same.     Such    drawings    may    be 
altered  and  changed  or  withdrawn  by  the  Engineer  or  new  draw- 
ings substituted  therefor  by  him  at  any  time. 

SECTION  4.  The  work  at  all  times  shall  be  conducted  under  supervision  of 
the  supervision  and  direction  of  the  Engineer.  Every  facility  and 
assistance  shall  be  given  by  the  Contractor  to  the  Engineer  to 
note  and  obtain  knowledge  of  each  and  every  occurrence  in  the 
process  of  boring  which  will  help  to  determine  the  character  or 
change  in  character  of  the  rock  or  other  material  penetrated,  and 
ample  opportunities  and  facilities  shall  also  be  given  the  En- 
gineer for  correctly  determining  the  depth  of  each  boring.  The 
Contractor  shall  not  remove  the  pipes  or  apparatus  or  do  any- 
thing to  render  it  difficult  or  impracticable  for  the  Engineer  to 
determine  satisfactorily  the  depth  to  which  each  hole  has  been 
sunk  and  the  character  of  the  material  passed  through. 

SECTION  5.  Orders  and  directions  may  be  given  orally  by  the  orders 
Engineer  to,  and  shall  be  received  and  promptly  obeyed  by,  the 
Contractor  or  his  representative  or  any  superintendent,  overseer 
or  foreman  of  the  Contractor  who  may  have  charge  of  the  par- 
ticular work  in  relation  to  which  the  orders  or  directions  are 
given,  and  a  confirmation  in  writing  of  such  orders  or  directions 
will  be  given  to  the  Contractor  by  the  Engineer  if  so  requested. 

13 


SPECIFICATIONS 


The  Contractor  or  his  duly  authorized  representative  shall  be 
present  at  all  times  on  the  work  to  receive  orders  and  directions 
from  the  Engineer. 


Hours  during 
which  work 
may  be 
prosecuted 


Records    of 
borings 


Receptacles 
for  samples 


Rock  cores 


SECTION  6.  The  land  borings  may  be  carried  on  between 
7  A.  M.  and  11  P.  M.  if  the  machines  used  by  the  Contractor  do 
not  create  sufficient  noise  to  cause  complaints  from  the  residents 
in  the  vicinity  where  the  machines  are  working.  If,  in  the  opinion 
of  the  Engineer,  the  machines  are  too  noisy,  the  work  shall  be 
prosecuted  between  7  A.  M.  and  7  P.  M.  The  Contractor  may 
carry  on  the  river  work  at  such  hours  as  may  be  deemed  most 
advantageous. 

SECTION  7.  An  accurate  record  shall  be  kept  by  the  Con- 
tractor of  all  material  penetrated,  as  well  as  of  the  depth  of  each 
boring;  samples  of  the  materials  penetrated  shall  be  taken  by  the 
Contractor  in  the  manner  directed  by  the  Engineer  and  as  fre- 
quently as  will  indicate  each  and  every  change  in  their  character ; 
the  samples  shall  be  preserved  by  the  Contractor  in  suitable  re- 
ceptacles furnished  by  him.  These  receptacles  shall  be  numbered 
and  marked  by  the  Contractor  so  as  to  be  readily  identified  and 
shall  be  delivered  by  the  Contractor  at  the  office  of  the  Engineer. 

SECTION  8.  The  receptacles  for  samples  of  all  materials  other 
than  rock  cores  shall  be  glass  bottles  similar  to  samples  in  the 
office  of  the  Engineer  to  be  shown  the  Contractor  on  application ; 
the  receptacles  for  cores  of  rock  shall  be  suitable  pine  boxes  par- 
titioned so  that  the  cores  for  each  boring  can  be  kept  separate. 
The  rock  cores  shall  be  carefully  handled  so  they  will  not  be 
destroyed  or  injured,  and  great  care  shall  be  taken  to  recover  as 
large  a  percentage  of  the  cores  as  possible. 


Records    of 
seams  or 
fissures  in 
rock 


SECTION  9.  Should  it  be  impracticable  at  any  depth  of  the 
rock  to  obtain  a  core,  or  should  a  seam  or  soft  disintegrated  rock 
be  encountered,  particular  care  shall  be  taken  to  obtain  accurate 
samples  of  the  material  and  the  correct  measurements  of  the 
depth  for  which  no  core  is  obtainable. 


Core  borings, 
how  made 


SECTION  10.  Whenever  ledge  rock  is  encountered,  a  drill  shall 
be  used  to  furnish  a  core  of  the  specified  size,  the  hole  being 
drilled  to  the  depth  ordered.  The  borings  are  to  be  made  with 


14 


SPECIFICATIONS 

a  diamond  drill  or  by  the  chilled  shot  method  as  the  Engineer 
shall  in  each  case  determine. 

SECTION  11.  Blasting  with  small  charges  will  be  allowed  for 
the  removal  of  a  boulder  or  other  obstruction  which  cannot  be 
conveniently  removed  otherwise.  All  necessary  precautions  must 
be  exercised  by  the  Contractor  as  required  by  the  ordinances  of 
the  City  relative  to  blasting,  including  the  obtaining  of  such  per- 
mits as  may  be  necessary. 

SECTION  12.  The  borings  shall  be  made  at  locations  as  finally 
determined  by  the  Engineer  and  shall  be  carried  to  the  depths 
required  by  the  Engineer.  The  Contractor  shall  give  the  En- 
gineer the  assistance  necessary  to  fix  the  locations  and  shall  de- 
vise and  adopt  means  of  maintaining  the  correct  locations  when 
once  established. 

SECTION  13.  Should  the  pipes  or  apparatus  be  removed  or  NO 
should  the  hole  be  abandoned  without  the  permission  of  the  Engi-  holes 
neer  or  during  his  absence  or  before  the  location  of  the  hole 
and  its  depth  be  determined  by  him  or  should  a  boring  be  started 
but  for  any  reason  not  carried  to  the  depth  required  by  the  Engi- 
neer, no  payment  will  be  made  for  the  uncompleted  hole,  except 
as  specified  in  Section  No.  36. 

SECTION  14.  The  Commission  will  obtain  the  necessary  per-  Permits,  etc. 
mits,  including  those  for  the  river  borings,  but  not  including 
blasting  permits,  from  the  authorities  in  charge,  but  the  Con- 
tractor shall  be  responsible  for  carrying  out  the  work  in  accord- 
ance with  the  provisions  of  such  permits  and  shall  pay  all 
charges  in  connection  with  the  obtaining  or  issuing  of  permits 
and  the  performance  of  the  work.  A  copy  of  the  permit  issued 
by  the  War  Department  to  the  Commission  for  making  borings 
in  the  East  River  is  annexed  hereto  and  made  a  part  hereof, 
and  the  Contractor  is  bound  by  all  the  terms  and  conditions 
thereof  and  is  required  carefully  to  comply  therewith. 

The  Contractor  shall  keep  himself  fully  informed  of  and 
carry  out  all  laws  and  municipal  and  federal  ordinances  and  regu- 
lations in  any  manner  affecting  those  engaged  or  employed  in 
the  work  or  the  appliances  used  in  the  work  or  in  any  way  affect- 
ing the  conduct  of  the  work  and  all  orders  and  decrees  of  bodies 
or  tribunals  having  any  jurisdiction  or  authority  over  the  same. 

15 


SPECIFICATIONS 


Rules   of  War 
Department, 
etc.,  to  be 
observed 


Difficult  river 
work 


Transportation 
of  Engineer 


Land  borings 


SECTION  15.  For  all  river  work  the  rules  and  regulations  of 
the  War  Department  and  of  the  Superintendent  of  Anchorages 
shall  be  observed,  and  the  Contractor  shall  assume  all  risks  for 
accidents  of  whatever  nature  that  may  occur  during  the  progress 
of  the  work.  In  the  East  River  the  tide  and  traffic  conditions 
make  borings  difficult  and  hazardous.  The  Contractor  must  be 
prepared  to  carry  out  his  work  under  the  conditions  to  be  met  and 
to  maintain  a  satisfactory  rate  of  progress.  All  operations  of 
the  Contractor  shall  be  carried  on  so  as  to  cause  as  little  hindrance 
as  possible  to  navigation  or  to  the  use  of  adjacent  docks  or  piers. 
The  work  outside  of  the  pier-head  lines  shall  be  carried  on  from 
floating  scows  or  barges  only,  and  not  more  than  one  scow  or 
barge  will  be  allowed  on  any  one  line  at  one  time.  A  Government 
inspector,  at  a  salary  of  not  more  than  one  hundred  dollars  ($100) 
per  month  to  be  paid  by  the  Contractor,  will  be  assigned  to  the 
river  work.  The  Contractor  shall  pay  the  salary  of  such  in- 
spector. A  certified  check  shall  be  furnished  by  the  Contractor 
and  deposited  with  the  proper  Government  official  as  security,  as 
provided  in  the  annexed  permit  of  the  War  Department. 

SECTION  16.  The  Contractor  shall  furnish  a  suitable  tug, 
launch  or  other  boat  for  the  use  of  the  Engineer  at  all  times  when 
operations  are  being  carried  on  in  the  East  River.  The  tug  or 
launch  shall  be  available  to  transport  any  employee  of  the  Com- 
mission between  the  shore  and  the  point  or  points  at  which  work 
is  being  carried  on.  No  direct  payment  shall  be  made  for  fur- 
nishing this  transportation,  but  it  is  understood  that  compensa- 
tion for  the  same  is  included  in  the  prices  stipulated  in  Schedule 
Items  3  and  4. 

SECTION  17.  The  land  borings  will  include  all  holes  except 
those  bored  from  floating  barges  or  scows  furnished  by  the  Con- 
tractor over  the  East  River.  Holes  bored  from  piers  will  be  con- 
sidered land  borings.  Land  borings  are  to  be  carried  generally 
to  the  subgrade  of  the  proposed  tunnel,  but  they  may  be  required 
to  be  extended  to  a  greater  depth.  If  rock  is  encountered,  a 
penetration  of  fifteen  (15)  feet  may  be  required.  In  the  sections 
for  elevated  railroads  it  is  expected  that  the  borings  will  not,  as 
a  rule,  exceed  about  fifteen  (15)  feet  in  depth,  though  they  may 
be  required  to  be  extended  if  the  Engineer  deems  it  advisable. 


16 


SPECIFICATIONS 

•  SECTION  18.  For  river  work  it  is  expected  that  the  borings  River 
will  be  carried  at  least  to  the  subgrade  of  the  proposed  tunnels, 
and,  if  in  the  opinion  of  the  Engineer  the  nature  of  the  material 
indicates  that  it  is  advisable,  they  may  be  required  to  be  extended 
to  a  greater  depth.  If  the  results  at  any  point  indicate  in  the 
opinion  of  the  Engineer  the  advisability  of  changing  the  line  of 
the  proposed  tunnel,  borings  along  that  line  may  be  abandoned 
and  additional  borings  may  be  required  along  other  lines. 

SECTION  19.  Should  the  Engineer  decide  to  omit  the  holes 
at  any  of  the  points  indicated  on  the  drawings  furnished, 
such  holes  shall  be  omitted  by  the  Contractor,  but  the  omission 
of  any  holes  by  order  of  the  Engineer  shall  not  be  construed  to 
be  an  improper  curtailment  of  the  work  covered  by  this  contract 
or  the  benefits  accruing  therefrom,  and  the  Contractor  will  not 
ask,  claim  or  sue  for  any  damage  or  loss  of  prospective  profits 
by  reason  of  such  omissions. 

SECTION  20.  The  depth  of  each  boring  for  which  payment  is 
to  be  made  under  this  contract  shall  be  determined  by  the  Engi- 
neer, by  measurement  as  provided  elsewhere. 

SECTION  21.  The  Contractor  shall  pay  all  charges  for  water 
used  or  wasted  and  for  hydrant  inspection  by  Inspectors  of  the 
City  Water  Department,  the  cost  of  same  being  deemed  to  be  in- 
cluded in  the  prices  paid  for  the  various  items. 

SECTION  22.     On  the  completion  and  measurement  of  each  Removal  of 
and  every  boring  the  Contractor  shall  promptly  remove  all  plant,  P 
casing,  boats,  staging  and  other  materials  that  may  have  been  used 
in  connection  with  the  work;  and  in  the  case  of  borings  on  land 
he  shall  promptly  restore  the  surface  of  the  ground,  pier,  street 
or  sidewalk  to  its  original  condition. 


17 


Description 


Records   and 
samples 


Measurement 
for   sinking 
casinga 


Payment   for 
sinking    casings 


LAND   BORINGS 

SINKING  2^-lNCH  AND  8-lNCH  CASING 
Item  1 

SECTION  23.  Schedule  Item  1  includes  all  the  land  borings  in 
the  Boroughs  of  Manhattan,  Brooklyn,  Queens  and  Bronx,  to  be 
made  under  this  contract  in  so  far  as  these  borings  may  pass 
through  earth  or  other  materials,  including  boulders,  until  ledge 
rock  is  reached  (or  until  the  boring  is  completed,  if  ledge  rock 
is  not  encountered.) 

SECTION  24.  An  accurate  record  shall  be  kept  by  the  Con- 
tractor of  all  materials  passed  through.  The  samples  obtained  by 
washing  the  material  from  the  interior  of  the  casing  will,  in  gen- 
eral, be  considered  satisfactory.  Care  must  be  taken  to  obtain 
samples  which  represent  as  accurately  as  possible  the  materials 
penetrated,  and  at  times  dry  samples  may  be  required.  The  sam- 
ples shall  be  taken  in  the  manner  directed  and  as  frequently  as 
ordered. 

SECTION  25.  The  measurement  for  payment  for  sinking 
casing  shall  be  from  the  surface  of  the  ground,  pavement,  side- 
walk or  pier  floor  to  the  bottom  of  the  completed  hole  in  case 
ledge  rock  is  not  encountered,  or  to  the  point  at  which  ledge 
rock  is  encountered  in  case  ledge  rock  is  reached  before  the  casing 
is  sunk  to  the  required  depth. 

SECTION  26.  Payment  for  sinking  2^ -inch  and  8-inch  casing 
shall  be  made  at  the  prices  stipulated  in  Schedule  Item  1,  which 
prices  shall  include  all  labor  and  material  necessary  to  furnish 
and  sink  the  casing  in  place;  obtaining,  preserving,  marking  and 
delivering  samples  of  materials  penetrated;  preparing  the  holes 
ready  for  drilling  into  the  rock,  if  such  drilling  is  required;  re- 
moving the  casing  after  the  rock  has  been  bored  to  the  depth 
directed ;  replacing  street  surfaces,  pavements,  curbing,  sidewalks 
and  piers  and  repairing  any  damage  that  may  have  been  caused 
either  to  private  or  public  property;  the  cost  of  all  water  used; 
and  the  cost  of  hydrant  inspection. 


18 


LAND  BORINGS 

DRILLING  FOE  I-!NCH  AND  6-lNCH  CORES 
Item  2 

SECTION  27.    The  sizes  of  core  required  are  one  (1)  inch  and  sizes  of  cores 
six  (6)  inches  in  diameter.     The  Contractor  will  be  allowed  to 
furnish  cores  of  a  greater  diameter  than  the  size  required  if  he 
so  desires,  but  the  price  paid  shall  be  that  specified  for  cores  of 
the  diameter  called  for. 

SECTION  28.    The  holes  shall  be  carried  into  the  ledge  rock  a  Depth  of  holes 
sufficient  depth  to  determine  satisfactorily  the  character  of  the 
rock  penetrated.     In  general,  it  is  expected  this  depth  will  not 
be  more  than  fifteen  (15)  feet,  although,  in  some  cases,  it  may 
be  required  to  be  extended  to  a  greater  depth. 

SECTION  29.     The  total  depth  of  rock  boring  shall  be  meas-  Measurement  of 

holes 

ured  for  payment  from  the  surface  of  the  ledge-rock  to  the  bottom 
of  the  completed  hole. 

SECTION  30.  Payment  for  drilling  for  one  (1)  inch  and  six  Payment  for 
(6)  inch  cores  shall  be  made  at  the  prices  stipulated  in  Schedule 
Item  2,  which  prices  shall  include  all  labor  and  material  necessary 
to  furnish,  set  up  and  operate  the  drilling  machines,  remove, 
mark,  box,  preserve  and  deliver  the  cores;  all  charges  for  water 
and  for  hydrant  inspection ;  taking  down  and  removing  the  drill- 
ing machines  and  cleaning  up  the  premises  occupied  by  such 
machines. 


19 


RIVER   BORINGS 
SINKING  CASING  FOR  I^-!NCH  AND  6-lNCH  CORES 

Item3 

SECTION  31.  Casings  may  be  sunk  for  the  river  borings  from 
a  floating  scow  or  barge  only.  The  casing  shall  be  of  such  size 
as  the  Contractor  deems  necessary  to  furnish  the  size  of  cores 
required  in  Schedule  Item  4. 

SECTION  32.  All  necessary  facilities  and  assistance  must  be 
provided  by  the  Contractor  to  allow  the  holes  to  be  bored  within 
ten  (10)  feet  of  the  point  designated  by  the  Engineer.  The  Con- 
tractor shall  adopt  means  to  maintain  correct  locations  of  holes 
when  once  established. 

SECTION  33.  The  measurement  for  payment  for  sinking 
casing  shall  be  made  from  mean  high  water  (Rapid  Transit 
datum)  as  established  by  the  levels  of  the  Engineer  to  ledge-rock, 
or  to  the  bottom  of  the  completed  hole  if  ledge-rock  is  not 
encountered. 

SECTION  34.  Payment  for  sinking  casing  shall  be  made  at 
the  prices  stipulated  in  Schedule  Item  3,  which  prices  shall  include 
all  labor  and  material  necessary  to  furnish  and  sink  the  casing  in 
place;  obtaining,  preserving,  marking  and  delivering  samples  of 
materials  penetrated;  preparing  the  hole  for  boring  into  rock; 
removing  the  casing  after  the  hole  has  been  bored  and  removing 
all  other  obstructions  in  the  water ;  and  the  payment  of  the  salary 
of  the  Government  inspector  as  elsewhere  provided. 

DRILLING  FOR  I^-!NCH  AND  6-lNCH  CORES 
Item  4 

SECTION  35.  For  river  borings  one  and  three-eighths  (1^6) 
inch  and  six  (6)  inch  cores  will  be  required,  the  borings  to  be 
made  with  either  a  diamond  drill  or  by  the  shot  drill  method, 
as  the  Engineer  shall  in  each  case  determine.  In  general  it  is  ex- 
pected that  the  borings  will  be  carried  to  the  subgrade  of  the 
proposed  tunnels. 

SECTION  36.     In  river  borings  where  rock  is  encountered  all 


20 


RIVER    BORINGS 

holes  lost  through  accident  for  which  the  Contractor  is  clearly 
not  responsible  shall  be  paid  for  at  the  prices  stipulated  if  rock 
penetration  is  equal  to  fifty  per  centum  (50%)  of  that  called  for. 
If  the  hole  is  lost  before  rock  has  been  penetrated  to  a  depth 
equivalent  to  fifty  per  centum  (50%)  of  that  required,  payment 
shall  be  made  only  when  the  information  obtained  from  such 
hole  shall,  in  the  opinion  of  the  Engineer,  be  sufficient  to  warrant 
the  payment  of  the  amount  that  would  be  due  the  Contractor 
at  the  price  stipulated  for  the  work  prior  to  the  loss  of  the  hole. 
All  holes  lost  through  negligence  or  carelessness  on  the  part  of 
the  Contractor  or  his  employees,  as  determined  by  the  Engineer, 
shall  not  be  paid  for. 

SECTION  37.  The  total  depth  of  rock  boring  shall  be  meas- 
ured  for  payment  from  the  surface  of  the  ledge  rock  to  the 
bottom  of  the  completed  hole. 

SECTION  38.  Payment  for  drilling  for  one  and  three-eighths 
(1-Hs)  inch  and  six  (6)  inch  cores  shall  be  made  at  the  prices 
stipulated  in  Schedule  Item  4,  which  prices  shall  include  all  labor 
and  material  necessary  for  furnishing,  setting  up  and  operating 
drilling  machines;  removing,  marking,  boxing,  preserving  and 
delivering  the  cores;  taking  down  and  removing  machines,  to- 
gether with  all  appurtenances. 


21 


APPENDIX  TO  SPECIFICATIONS 

PERMIT  OF  SECRETARY  OF  WAR 

WAR  DEPARTMENT 

WASHINGTON 
24152 

July  2J} 
DEAR  SIR: 

traMmittai  Referring  to  your  application  of  27th  ultimo,  I  transmit  here- 

with, for  retention,  an  instrument  granting  the  Public  Service 
Commission,  First  District,  State  of  New  York,  permission,  re- 
vocable at  will  by  the  Secretary  of  Wrar,  to  make  borings  in  East 
River,  in  connection  with  the  proposed  location  of  tunnels  be- 
tween New  York  City  and  Brooklyn,  and  to  maintain  in  connec- 
tion with  such  work  an  anchored  scow  or  scows  in  the  waterway, 
or  to  establish  temporary  staging  or  piles,  if  deemed  necessary; 
all  at  location  and  as  shown  on  drawings  attached  to  the  instru- 
ment, and  subject  to  the  conditions  and  provisions  set  forth 
therein. 

Very  respectfully, 
(Signed)  ROBERT  SHAW  OLIVER 

Acting  Secretary  of  War 

MR.  WM.  R.  WILLCOX,  Chairman 

Public  Service  Commission,  First  District 
154  Nassau  St. 

New  York  City 

(Inclosures:    81787—1  &  9—11  Engs.) 
Act  of  congress         WHEREAS,  By  Section  10  of  an  act  of  Congress,  approved 

approved 

March  3,  1899  March  3,  1899,  entitled  "An  Act  making  appropriations  for  the 
construction,  repair,  and  preservation  of  certain  public  works  on 
rivers  and  harbors,  and  for  other  purposes,"  it  is  provided  that 
it  shall  not  be  lawful  to  build  or  commence  the  building  of  any 
wharf,  pier,  dolphin,  boom,  wier,  breakwater,*  bulkhead,  jetty, 
or  other  structure  in  any  port,  roadstead,  haven,  harbor,  canal, 
navigable  river,  or  other  water  of  the  United  States,  outside 
established  harbor  lines,  or  where  no  harbor  lines  have  been 
established,  except  on  plans  recommended  by  the  Chief  of  Engi- 
neers and  authorized  by  the  Secretary  of  War;  and  it  shall  not 

22 


APPENDIX    TO    SPECIFICATIONS 

be  lawful  to  excavate  or  fill,  or  in  any  manner  to  alter  or  modify 
the  course,  location,  condition,  or  capacity  of,  any  port,  road- 
stead, haven,  harbor,  canal,  lake,  harbor  of  refuge,  or  inclosure 
within  the  limits  of  any  breakwater,  or  of  the  channel  of  any 
navigable  water  of  the  United  States,  unless  the  work  has  been 
recommended  by  the  Chief  of  Engineers  and  authorized  by  the 
Secretary  of  War  prior  to  beginning  the  same ; 

AND  WHEREAS,  THE  PUBLIC  SERVICE  COMMISSION  (for  the 
First  District),  State  of  New  York,  has  applied  to  the  Secretary 
of  War  for  permission  to  make  borings  in  the  EAST  RIVER  in 
connection  with  the  proposed  location  of  tunnels  between  New 
York  City  and  Brooklyn,  New  York,  and  to  maintain  in  connec- 
tion with  the  work  an  anchored  scow  or  scows  in  the  waterway, 
or  to  establish  temporary  stagings  or  piles  if  deemed  necessary; 
all  at  the  location  and  as  shown  on  the  attached  drawings ;  which 
work  has  been  recommended  by  the  Chief  of  Engineers,  United 
States  Army,  subject  to  the  conditions  and  provisions  hereinafter  °f  Engineers 
embodied : 

Now,  THEREFORE,  This  is  to  certify  that  the  Secretary  of  Permission 
War  hereby  gives  permission,  revocable  at  will  by  the  Secretary 
of  War,  unto  the  said  THE  PUBLIC  SERVICE  COMMISSION  to  make 
borings  in  the  EAST  RIVER  in  connection  with  the  proposed  loca- 
tion of  tunnels  between  New  York  City  and  Brooklyn.  New  York, 
and  to  maintain  in  connection  with  the  work  an  anchored  scow 
or  scows  in  the  waterway,  or  to  establish  temporary  stagings  or 
piles  if  deemed  necessary;  all  at  the  location  and  as  shown  on 
said  drawings  ;  subject  to  the  following  conditions  and  provisions : 

(1)  That  no  piles,  stagings  or  other  constructions  attached  NO  piles,  etc., 
to  the  bottom  shall  be  allowed  outside  of  the  pierhead  lines  ap-  heSdiein!?r~ 
proved  by  the  Secretary  of  War. 

(2)  That  borings  may  be  carried  on  from  not  more  than  Not  more  than 
three   (3)    scows  or  barges  simultaneously,  only  one  of  which  ^scoT™  ° 
scows  or  barges  shall  be  located  on  a  single  tunnel  line,  and  all  ° 

of  which  scows  or  barges  simultaneously  operating  shall  be 
located  on  a  single  up  and  down  stream  line  defined  by  the  direc- 
tion of  the  current;  Provided,  That  should  the  obstruction  to 
traffic  become,  in  the  opinion  of  the  Engineer  Officer  of  the 
United  States  Army  in  charge  of  the  improvement  of  the  East 

23 


APPENDIX    TO    SPECIFICATIONS 


River,  unduly  great,  the  number  of  scows  to  be  operated  simul- 
taneously shall  be  reduced  as  he  may  direct. 

Buoys  (3)     That  the  boundaries  of  the  area  above  the  plane  of  26 

feet  below  mean  low  water  obstructed  by  each  scow  or  barge  and 
its  anchor  lines  shall  be  marked  by  buoys. 

Lights  (4)     That  all   floating  plant  and  buoys  shall  be  lighted  at 

night  to  the  satisfaction  of  said  local  engineer  officer,  and  in 
accordance  with  the  regulations  of  the  Department  of  Commerce 
and  Labor. 


(5)  That  where  pipe  or  other  appliances  for  obtaining  cores 
have  been  set  in  the  bottom,  the  scow  or  barge  from  which  set 
shall  remain  over  them  continuously  until  they  are  removed. 


No  violations 
authorized 


Supervision    of 
Engineer 
Officer  of 
United  States 
Army 


United  States 
Inspector 


(6)  That  this  permit  is  not  to  be  construed  as  authorizing 
the  violation  of  any  government,  state  or  municipal  regulation, 
nor  as  relieving  said  licensee  from  due  responsibility  for  damage 
to  or  by  its  plant. 

(7)  That  the  work  permitted  shall  be  subject  to  the  super- 
vision of  the  Engineer  Officer  of  the  United  States  Army  in 
charge  of  the  improvement  of  the  East  River,  whose  decisions 
with  regard  to  the  interference  with  navigation  shall  be  final,  and 
who  shall  have  authority  to  suspend,  at  any  time,  the  operation 
of  this  permit  on  the  ground  of  failure  to  comply  with  its  terms 
or  of  undue  or  unforeseen  interference  with  navigation. 

(8)  That  the  United  States  will  be  represented  on  the  work 
by  an  inspector  appointed  by  said  Engineer  Officer  of  the  United 
States  Army  in  charge  of  the  improvement  of  the  East  River,  at 
a   salary  not  to  exceed  $100  per   month,   to  be  paid  by  said 
licensee,  through  the  office  of  said  local  engineer  officer,  on  bills 
submitted  by  said  officer ;  and  that,  as  a  guarantee  for  the  proper 
discharge  of  this  obligation,  said  licensee  shall  at  all  times,  while 
the  work  is  in  progress,  keep  on  deposit  with  said  Engineer 
Officer  of  the  United  States  Army  charged  with  the  improvement 
of  the  East  River,  in  the  form  of  certified  checks  payable  to  the 
official  order  of  that  officer,  an  amount  sufficient  to  cover  the 
salary  of  the  inspector  during  the  coming  three  months;  Pro- 
vided, That  on  the  completion  of  the  work  and  the  final  discharge 
of  said  licensee's  obligation  with  regard  to  the  payment  of  the 
U.  S.  Inspector,  the  full  amount  of  the  security  then  on  hand 


24 


APPENDIX   TO   SPECIFICATIONS 

shall  be  returned  to  said  licensee,  it  being  understood  that  the 
security  or  any  part  thereof  shall  be  disbursed  by  the  United 
States  only  in  payment  of  salary  to  the  inspector  on  the  failure 
of  the  said  licensee  to  pay  said  salary  on  the  bills  rendered  by 
the  office  of  said  Engineer  Officer  of  the  United  States  Army  in 
charge  of  the  improvement  of  the  East  River. 

WITNESS  my  hand,  this  27th  day  of  JULY,  1911 

(Signed)   ROBERT  SHAW  OLIVER 

Acting  Secretary  of  War 


25 


CHAPTER   IV 


Contractor's 
bond 


Deposit  of 
cash  or 
securities 


SECURITY  TO  BE  FURNISHED  BY  CONTRACTOR 

ARTICLE  XXV.  Simultaneously  with  the  execution  and  de- 
livery of  this  contract  the  Contractor  shall  give  security  for  the 
performance  of  his  obligation  by  filing  with  the  Comptroller  a 
bond  in  the  form  annexed  hereto  and  entitled  "Form  of  Con- 
tractor's Bond,"  executed  by  the  Contractor  and  by  two  or 
more  sureties  to  be  corporations  or  persons  approved  by  the  Com- 
mission, in  the  sum  of  five  thousand  dollars  ($5,000).  The  ex- 
ecution of  the  bond  must  be  duly  proved  before  the  delivery  of 
the  bond  in  the  form  essential  to  proof  to  entitle  a  deed  to  record 
in  the  State  of  New  York  and  full  affidavits  of  justification  of 
the  sureties  must  be  added.  In  case  any  of  the  sureties  upon  the 
bond  shall  become  insolvent  or  unable  in  the  opinion  of  the  Com- 
mission'to  pay  promptly  the  amount  of  such  bond  to  the  extent 
to  which  such  surety  might  be  liable,  then  the  Contractor  within 
ten  (10)  days  after  notice  by  the  Commission  to  the  Contractor 
shall,  by  supplemental  bond  or  otherwise,  substitute  another  and 
sufficient  surety  approved  by  the  Commission  in  place  of  the 
surety  so  insolvent  or  unable.  If  the  Contractor  shall  fail  within 
such  ten  (10)  days  or  such  further  time,  if  any,  as  the  Commis- 
sion may  grant  to  substitute  another  and  sufficient  surety,  then 
the  Contractor  shall,  if  the  Commission  so  elect,  be  deemed  to  be 
in  default  in  the  performance  of  his  obligations  hereunder  and 
upon  the  said  bond,  and  the  Commission  in  addition  to  any  and 
all  other  remedies  may  terminate  this  contract  or  may  bring  any 
proper  suit  or  proceeding  against  the  Contractor  and  the  sureties 
or  either  of  them  or  may  require  the  Comptroller  to  deduct  from 
any  moneys  then  due  or  which  thereafter  may  become  due  to  the 
Contractor  under  this  contract  the  amount  for  which  the  surety 
insolvent  or  unable  as  aforesaid  shall  have  justified  on  the  bond ; 
and  the  moneys  so  deducted  shall  be  held  by  the  Comptroller 
as  collateral  security  for  the  performance  of  the  condition  of 
the  bond. 

The  Contractor  may  at  his  option  deposit  with  the  Comp-r 
troller  in  lieu  of  said  bond  cash  equal  in  amount  to  the  entire 
amount  of  the  said  bond.  In  case  the  Contractor  shall  deposit 
cash,  the  said  deposit  shall  be  security  for  the  faithful  perform- 
ance by  the  Contractor  of  all  the  conditions,  covenants  and  re- 
quirements specified  and  provided  for  in  this  contract.  In  case 
of  any  default  on  the  part  of  the  Contractor  in  such  performance 


26 


SECURITY  TO  BE  FURNISHED  BY  CONTRACTOR 

and  in  the  further  case  that  the  City  shall  for  or  by  reason  of 
such  default,  whether  by  reason  of  employment  of  another  con- 
tractor or  contractors  or  otherwise,  incur  or  become  liable  for 
expense  or  be  required  to  make  any  payment  or  incur  or  suffer 
any  loss  or  damage,  then  the  Comptroller  shall,  upon  the  require- 
ment of  the  Commission,  forthwith  pay  or  apply  to  the  use  of 
the  City  the  amount  of  such  expense,  payment,  loss  or  damage 
out  of  the  said  deposit  or  out  of  the  portion  of  the  deposit  re- 
maining at  the  time.  And  in  such  case  the  Contractor  within 
ten  (10)  days  after  notice  from  the  Commission  so  to  do  shall 
by  further  deposit  of  money  restore  the  said  deposit  with  the 
Comptroller  to  the  full  amount  originally  required ;  and  in  case 
he  shall  fail  to  do  so,  he  shall,  if  the  Commission  so  elect,  be 
deemed  to  be  in  default  in  the  performance  of  his  obligations 
hereunder,  and  the  Commission,  in  addition  to  any  and  all  other 
remedies,  may  require  the  Comptroller  to  deduct  from  any 
moneys  then  due  or  which  thereafter  may  become  due  to  the 
Contractor  under  this  contract  such  amount  as  may  be  necessary 
to  restore  the  said  deposit  with  the  Comptroller  to  the  full  amount 
originally  required;  and  the  Comptroller  shall  hold  the  money 
so  deducted  as  if  part  of  the  original  deposit  or  as  if  deposited 
with  him  as  aforesaid;  and  such  amount  shall  in  such  case  be 
deemed  to  have  been. paid  to  the  Contractor  upon  this  contract. 
When  the  Contractor  shall  have  fully  completed  the  Works 
according  to  the  terms  of  this  contract  and  the  Commission  shall 
so  certify,  the  Comptroller  shall  pay  to  the  Contractor  the  said 
deposit  or  so  much  thereof  as  shall  not  be  reserved,  or  shall  not 
have  been  used  or  applied,  for  any  of  the  purposes  herein 
mentioned. 

ARTICLE  XXVI.     In  addition  there  shall  be  deducted  ten  per  Retained 

percentages 

centum  (10%)  of  the  amounts  certified  from  time  to  time  to  be 
due  to  the  Contractor  which  shall  be  held  as  further  security  for 
the  faithful  performance  by  the  Contractor  of  all  the  conditions, 
covenants  and  requirements  specified  and  provided  for  in  this 
contract. 


27 


Partial 
payments 


Estimates 


Not  by  strict 
measurement 


Vouchers 


CHAPTER  V 
PAYMENTS  TO  CONTRACTOR 

ARTICLE  XXVII.  In  order  to  assist  the  Contractor  to  prose- 
cute the  work  advantageously,  the  Engineer  shall,  from  time  to 
time,  as  the  work  progresses,  but  not  more  often  than  once  a 
month,  make  in  writing  an  estimate,  such  as  in  his  opinion  shall 
be  just  and  fair,  of  the  amount  and  value  of  the  work  done  and 
materials  furnished  by  the  Contractor  according  to  the  terms 
of  this  contract,  provided,  however,  that  estimates  may  at  any 
time  be  withheld  or  reduced,  if,  in  the  opinion  of  the  Engineer, 
the  work  is  not  proceeding  in  accordance  with  this  contract.  The 
first  such  estimate  shall  be  of  the  amount  and  value  of  the  work 
done  and  materials  furnished  since  the  Contractor  commenced 
the  performance  of  this  contract  on  his  part.  Every  subsequent 
estimate  except  the  final  estimate  shall  be  of  the  amount  and 
value  of  the  work  done  and  materials  furnished  since  the  last 
preceding  estimate  was  made,  provided',  however,  that  no  such 
estimate  shall  be  required  to  be  made  when,  in  the  judgment  of 
the  Engineer,  the  total  value  of  the  work  done  and  materials 
furnished  since  the  last  preceding  estimate  amounts  to  less  than 
five  hundred  dollars  ($500). 

ARTICLE  XXVIII.  Such  estimates  shall  not  be  required  to 
be  made  by  strict  measurement,  but  they  may  be  made  by  meas- 
urement or  by  estimation,  or  partly  by  one  method  and  partly 
by  the  other,  and  it  shall  be  sufficient  if  they  are  approximate 
only. 

ARTICLE  XXIX.  Upon  each  such  estimate  being  made  and 
certified  in  writing  to  the  Commission,  the  Commission  shall 
prepare  and  certify  a  voucher  for  ninety  per  centum  (90%) 
of  the  amount  stated  in  such  estimate  or  certificate  to  be  the 
value  of  the  work  done  and  materials  furnished,  and  the  City 
shall  within  thirty  (30)  days  after  the  date  of  the  certification 
of  such  voucher  by  the  Commission  pay  the  same;  provided, 
however,  that  the  City  may  at  all  times  reserve  and  retain  from 
said  partial  payments,  or  any  of  them,  in  addition  to  the  ten 
per  centum  (10%)  above  mentioned  to  be  retained  and  reserved, 
any  sum  or  all  sums  which  by  the  terms  hereof  or  of  any  law 
of  the  State  of  New  York  it  is  or  may  be  authorized  to  reserve 
or  retain. 


28 


PAYMENTS  TO  CONTRACTOR 

ARTICLE  XXX.  Whenever,  in  the  opinion  of  the  Engineer,  Final  estimate 
the  Contractor  shall  have  completely  performed  this  contract  on 
his  part  and  no  further  work  shall  be  required  of  him  hef^tmder, 
the  Engineer  shall  so  certify  in  writing  to  the  Commission 
and  in  his  certificate  shall  state  from  actual  measurements 
the  whole  amount  of  work  done  by  the  Contractor  and  also  the 
value  of  such  work  under  and  according  to  the  terms  of  this 
contract.  On  the  expiration  of  forty  (40)  days  after  the  ac- 
ceptance by  the  Commission  of  the  work  herein  agreed  to  be 
done  by  the  Contractor  and  the  filing  of  a  certificate  of  the  com- 
pletion and  acceptance  of  the  work  in  the  office  of  the  Comp- 
troller signed  by  the  Engineer  and  the  Commission,  the  City 
shall  pay  to  the  Contractor  the  amount  remaining  after  deduct- 
ing from  the  amount  or  value  stated  in  the  last-mentioned  cer- 
tificate all  such  sums  as  shall  theretofore  have  been  paid  to  the 
Contractor  under  any  of  the  provisions  of  this  contract  and  also 
any  sum  or  all  such  sums  of  money  as  by  the  terms  hereof  the 
City  is  or  may  be  authorized  to  reserve  or  retain;  provided,  that 
nothing  herein  contained  shall  be  construed  to  affect  the  right, 
hereby  reserved,  of  the  Commission  to  reject  the  whole  or  any 
portion  of  the  aforesaid  work,  should  the  said  certificate  be 
found  or  known  to  be  inconsistent  with  the  terms  of  this  contract 
or  otherwise  improperly  given.  All  prior  certificates  upon  which 
partial  payments  may  have  been  made,  being  merely  estimates, 
shall  be  subject  to  correction  in  the  final  certificate,  which  final 
certificate  may  be  made  without  notice  thereof  to  the  Contractor 
or  of  the  measurements  upon  which  it  is  based. 

ARTICLE  XXXI.  If  the  payment  of  the  amount  due  the  Con- 
tractor  on  any  voucher  shall  be  delayed  beyond  the  time  stipu-  p 
lated  in  Article  XXIX  in  the  case  of  partial  payment,  or  Article 
XXX  in  the  case  of  final  payment,  the  City  shall  pay  the  Con- 
tractor interest  on  such  amount  at  the  rate  of  four  and  one- 
half  per  centum  (4^%)  per  annum  for  the  period  of  such  de- 
lay; it  being  understood  that  such  payments  of  interest,  if  any, 
are  to  be  in  lieu  of  any  claim  of  the  Contractor  for  alleged 
damages  for  breach  of  contract  or  otherwise  in  case  of  delayed 
payments.  The  term  for  which  interest  shall  be  paid  shall  be 
reckoned,  in  the  case  of  a  partial  payment  from  the  thirtieth 
day  after  the  certification  of  such  voucher  by  the  Commission, 
and  in  the  case  of  a  final  payment  from  the  fortieth  day  after 

29 


PAYMENTS  TO  CONTRACTOR 

the  acceptance  of  the  work  by  the  Commission,  to  the  date  of 
payment  of  the  voucher.  The  date  of  payment  of  a  voucher  shall 
be  considered  the  day  on  which  the  voucher  is  ready  for  pay- 
ment as  evidenced  by  the  records  of  the  Department  of  Finance. 
If  interest  shall  become  due  on  any  partial  payment,  the  amount 
thereof,  as  determined  by  the  Commission,  shall  be  added  to  a 
succeeding  payment.  If  interest  shall  become  due  on  a  final 
payment,  it  shall  be  paid  on  a  supplementary  voucher  prepared 
by  the  Commission  and  forwarded  to  the  Comptroller  for  pay- 
ment in  the  usual  manner. 

ARTICLE  XXXII.  The  City  shall  not  nor  shall  any  department 
or  officer  thereof  be  precluded  or  estopped  by  any  return  or  cer- 
tificate made  or  given  by  the  Commission,  any  Engineer  or  other 
officer,  agent  or  appointee  thereof  under  any  provision  of  this 
contract  from  at  any  time  either  before  or  after  the  final  com- 
pletion and  acceptance  of  the  work  and  payment  therefor  pur- 
suant to  any  such  return  or  certificate  showing  the  true  and 
correct  amount,  quality  and  character  of  the  work  done  and  ma- 
terials furnished  by  the  Contractor  or  any  other  person  under 
this  agreement  or  from  showing  at  any  time  that  any  such  re- 
turn or  certificate  is  untrue  and  incorrect  or  improperly  made 
in  any  particular  or  that  the  work  and  materials  or  any  part 
thereof  do  not  in  fact  conform  to  the  specifications ;  and  the  City 
shall  not  be  precluded  or  estopped,  notwithstanding  any  such 
return  or  certificate  and  payment  in  accordance  therewith,  from 
demanding  and  recovering  from  the  Contractor  such  damages 
as  it  may  sustain  by  reason  of  his  failure  to  comply  with  this 
contract  or  the  specifications. 

ARTICLE  XXXIII.  Neither  the  acceptance  by  the  Commis- 
sion or  its  Engineer  or  any  of  its  employees  nor  any  order, 
measurement  or  certificate  by  the  Engineer  nor  any  order  by 
the  Commission  for  payment  of  money  nor  any  payment  for, 
nor  acceptance  of,  the  whole  or  any  part  of  the  work  by  the  En- 
gineer or  the  Commission  nor  any  extension  of  time  nor  any 
possession  taken  by  the  Commission  or  its  employees  shall 
operate  as  a  waiver  of  any  portion  of  this  contract  or  of  any 
power  herein  reserved  to  the  Commission  or  of  any  right  to  dam- 
ages herein  provided ;  nor  shall  any  waiver  of  any  breach  of  this 

30 


PAYMENTS  TO  CONTRACTOR 

contract  be   held  to  be  a   waiver  of   any  other   or   subsequent 
breach. 

ARTICLE  XXXIV.  The  acceptance  by  the  Contractor  of  the 
last  payment  aforesaid  shall  be  and  shall  operate  as  a  release  to  cftyility  of 
the  City  from  all  claim  and  liability  to  the  Contractor  for  any- 
thing done  or  furnished  for,  or  relating  to,  the  work  or  for  any 
act  or  neglect  of  the  Commission,  the  City  or  of  any  person 
relating  to  or  affecting  the  work,  except  only  the  claim  against 
the  City  for  the  remainder,  if  any  there  be,  of  the  amounts  kept 
or  retained  as  provided  in  this  contract. 

ARTICLE  XXXV.     If  the  Contractor  shall  claim  compensa-  contractor's 

claims  for 

tion  for  any  damage  sustained  by  reason  of  any  act  or  neglect  damage 
of  the  City  or  the  Commission  or  their  agents,  he  shall,  within 
ten    (10)    days  after  the  sustaining  of   such   damage,   make   a 
written  statement  to  the  Engineer  of  the  nature  of  the  damage 
sustained.    On  or  before  the  fifteenth  day  of  the  month  succeed- 
ing that  in  which  any  such  damage  shall  have  been  sustained,  statement  of 
the  Contractor  shall  file  with  the  Engineer  an  itemized  statement  filed  with 
of  the  details  and  amount  of  such  damage,  and,  unless  such  state- 
ment shall  be  made  as  thus  required,  his  claim  for  compensation 
may  in  the  discretion  of  the  Commission  be  forfeited  and  in- 
validated and  he  shall  not  be  entitled  to  payment  on  account  of 
any  such  damage. 

ARTICLE  XXXVL  If  at  any  time  before  or  within  thirty  Lien  Law 
(30)  days  after  the  whole  work  agreed  herein  to  be  performed 
has  been  completed  and  accepted  by  the  City,  any  person  or 
persons  claiming  to  have  performed  any  labor  or  furnished 
any  material  toward  the  performance  or  completion  of  this 
contract  shall  file  with  the  Commission  and  with  the  Comp- 
troller any  such  notice  as  is  described  in  the  Lien  Law,  the 
City  may  retain  from  any  moneys  which  would  otherwise  be 
payable  to  the  Contractor  hereunder  by  the  City  an  amount 
or  amounts  sufficient  to  satisfy  and  discharge  the  amount  in 
such  notice  claimed  to  be  due,  together  with  the  costs  of  any 
action  or  actions  brought  to  enforce  such  lien  created  by  the 
filing  of  such  notice,  until  such  lien  shall  be  discharged  as  pro- 
vided by  law.  If  such  lien  shall  be  foreclosed  according  to 
law,  then  the  City  may  pay  the  amount  necessary  to  satisfy 

31 


PAYMENTS  TO  CONTRACTOR 

such  lien,  with  interest  and  costs,  to  the  person  entitled  there- 
to, and  such  payment  shall  be  deemed  to  be  a  payment  here- 
under  to  the  Contractor  by  the  City.  If  the  amount  or  amounts 
so  retained  shall  not  be  sufficient  to  satisfy  such  lien  so  fore- 
closed with  interest  and  costs,  the  deficiency  may  be  retained 
by  the  City  out  of  any  moneys  thereafter  becoming  due  to  the 
Contractor  hereunder. 


32 


CHAPTER  VI 

CONTRACTOR'S  LIABILITY  FOR  INJURIES   TO  PER- 
SONS OR  PROPERTY 

ARTICLE   XXXVII.     The   Contractor   expressly   admits   and  contractor 

.  .  approves 

covenants  to  and  with  the  City  that  the  specifications  and  other  specifications, 

etc. ,   as      i 

provisions  of  this  contract,  if  the  work  be  done  without  fault  involving  no 

^  .  damage 

or  negligence  on  the  part  of  the  Contractor,  do  not  involve  any 
danger  to  surface  or  subsurface  structures  or  to  navigation; 
and  the  Contractor  will  at  his  own  expense  make  good  any  dam- 
age that  shall,  in  the  performance  of  the  work  hereunder,  be  done 
to  any  surface  or  subsurface  structures  or  to  navigation.  The 
liability  of  the  Contractor  under  this  covenant  is  absolute  and 
is  not  dependent  upon  any  question  of  negligence  on  his  part 
or  on  the  part  of  his  agents,  servants  or  employees  and  the  neg- 
lect of  the  Engineer  to  direct  ihe  Contractor  to  take  any  par- 
ticular precautions  or  to  refrain  from  doing  any  particular  thing 
shall  not  excuse  the  Contractor  in  case  of  any  such  damage. 

ARTICLE  XXXVIII.     The  Contractor  shall  during  the  per-  Traffic  to  be 
formance   of   the   work   safely   maintain   the   traffic   on   streets,   maintained 
avenues,  highways,  parks,   waters   and  other  public  places  and 
shall  take  all  necessary  precautions  and  place  proper  guards  for 
the  prevention  of  accidents  and  shall  put  up  and  keep  at  night 
suitable  and  sufficient  lights. 

ARTICLE  XXXIX.  The  Contractor  shall  be  solely  responsible  Indemnifica- 
for  all  physical  injuries  to  person  or  property  occurring  on  ac-  aSdents,  etc. 
count  of  the  work  hereunder  and  shall  indemnify  and  save  harm- 
less the  City  from  liability  upon  any  and  all  claims  for  damages 
on  account  of  such  injuries  to  person  or  property  and  from  all 
costs  and  expenses  in  suits  which  may  be  brought  against  the 
City  for  such  injuries  to  person  or  property;  it  being  distinctly 
understood,  stipulated  and  agreed  that  the  Contractor  shall  be 
solely  responsible  and  liable  for  and  shall  fully  protect  and  in- 
demnify the  City  against  all  claims  for  damages  to  person  or 
property  occasioned  by  or  resulting  from  the  methods  or  process 
of  doing  the  work,  whether  such  damages  be  attributable  to 
negligence  of  the  Contractor  or  his  employees  or  otherwise. 

ARTICLE  XL.  In  case  any  claim  shall  be  made  by  any  per-  Money  due  the 
son  or  corporation  against  the  Contractor  or  the  City  for  injury  bentretainedmtJ 
or  alleged  injury  to  person  or  property  occurring  or  alleged  to  meet  claims 

33 


CONTRACTOR  S    LIABILITY   FOR    INJURIES   TO    PERSONS   OR    PROPERTY 

have  occurred  on  account  of  the  work  hereunder,  whether  by 
reason  of  the  negligence,  fault  or  default  of  the  Contractor  or 
otherwise,  or  for  any  infringement  or  alleged  infringement  of 
patents  or  for  any  neglect,  fault  or  default  or  alleged  neglect, 
fault  or  default  of  the  Contractor,  the  amount  of  such  claim  or 
so  much  thereof  as  the  Commission  may  deem  reasonable  shall, 
upon  the  requirement  and  in  the  discretion  of  the  Commission, 
be  retained  by  the  Comptroller  out  of  any  moneys  then  due  or 
thereafter  growing  due  to  the  Contractor  hereunder  (in  addi- 
tion to  the  other  sums  herein  authorized  to  be  so  retained)  as 
security  for  the  payment  of  such  claim  or  claims.  If  and  when 
the  liability  of  the  City  or  the  Contractor  on  such  claim  or  claims 
shall  have  been  established  by  a  judgment  of  a  court  of  compe- 
tent jurisdiction  or  such  claim  or  claims  shall  have  been  ad- 
mitted by  the  Contractor  to  be  valid,  the  said  claim  or  claims 
may  be  paid  from  the  amount  so  retained  and  the  balance,  if 
any,  paid  to  the  Contractor.  Should  there  be  any  unsatisfied 
claim  or  claims  for  injury  or  alleged  injury  to  person  or  prop- 
erty occurring  or  alleged  to  have  occurred  on  account  of  the 
work  hereunder,  whether  by  reason  of  the  negligence,  fault  or 
default  of  the  Contractor  or  otherwise,  or  for  any  infringement 
or  alleged  infringement  of  patents  or  for  any  neglect,  fault  or 
default  or  alleged  neglect,  fault  or  default  of  the  Contractor  at 
the  time  when  the  final  voucher  for  the  work  is  prepared  and 
certified,  th?  Commission  shall  have  the  right  to  retain  out  of 
the  final  payment  and  to  deduct  from  the  amount  of  the  final 
voucher  a  sum  in  its  judgment  sufficient  to  protect  the  City  in 
regard  to  all  unsatisfied  claims  as  aforesaid  and  in  case  the 
amount  thus  retained  should  be  insufficient  to  pay  the  amount 
adjudicated  to  be  due  upon  such  claim  or  claims,  the  City  may 
sue  for  and  recover  from  the  Contractor  the  amount  or  balance 
as  a  debt  from  the  Contractor  to  the  City.  The  Commission  may 
further,  if  in  its  judgment  such  a  course  is  necessary  or  proper, 
at  the  time  of  perparing  and  certifying  the  final  voucher  and  as 
a  condition  of  preparing  and  certifying  the  same,  require  the 
Contractor  to  continue  his  bond  or  deposit  or  any  part  thereof 
as  security  against  any  such  unsatisfied  claims  for  a  time  not 
exceeding  the  time  when  such  claim  would  be  legally  barred. 


CONTRACTOR'S  LIABILITY  FOR  INJURIES  TO  PERSONS  OR  PROPERTY 

ARTICLE  XLL  All  risk  of  loss  or  damage  to  the  work  or  to 
any  part  thereof  or  to  any  of  the  materials,  plant,  tools,  appli-  construction 
ances,  supplies  or  other  things  used  in  doing  the  work  prior  to 
final  completion  is  assumed  and  shall  be  borne  by  the  Contractor, 
and  any  such  loss  or  damage  shall  be  made  good  by  the  Con- 
tractor at  his  own  cost,  and  the  work  shall  be  carried  forward 
by  him  in  accordance  with  this  contract  without  additional 
cost  to  the  City  by  reason  of  such  loss  or  damage. 

ARTICLE  XLII.     The  Contractor  shall  hold  himself  and  shall  claims  for 

infringement  of 

be  responsible  for  any  claims  made  against  the  City  for  any  patents 
infringements  of  patents  by  the  use  of  patented  tools,  articles  or 
appliances  in  the  performance  or  completion  of  the  work  or  by 
the  use  of  any  process  or  method  connected  with  the  work  or  by 
the  use  of  any  materials  used  upon  the  work;  and  he  shall  save 
harmless  and  indemnify  the  City  from  and  against  all  costs,  ex- 
penses and  damages  which  the  City  shall  be  obliged  to  pay  by  rea- 
son of  any  such  infringement. 


35 


CHAPTER  VII 
TIME  FOR  COMPLETION,  DAMAGES  FOR  DELAY,  ETC. 

ARTICLE  XLIII.  Time  is  of  the  essence  of  this  contract. 
The  Contractor  shall  begin  actual  work  within  ten  (10)  days 
after  the  date  he  is  ordered  to  make  any  borings  and  shall  thence- 
forth prosecute  the  work  continuously  and  diligently.  Any 
work  ordered  done  under  this  contract  shall  be  completed  in  all 
respects  within  the  shortest  practicable  time  after  the  date  of 
such  order  and  in  any  event  shall  be  completed  three  (3)  months 
from  the  date  when  such  work  was  ordered. 

ARTICLE  XLIV.  In  the  event  of  delay  in  completion  of  any 
work  ordered  hereunder  beyond  the  period  herein  prescribed 
therefor  or  beyond  the  period  to  which  such  time  may  be  ex- 
tended as  provided  in  this  Chapter  by  resolution  of  the  Com- 
mission for  good  cause  shown,  the  City  shall  be  paid  damages 
for  such  delay.  Inasmuch  as  the  amount  of  such  damages  will 
be  extremely  difficult  to  ascertain,  especially  in  view  of  the  fact 
that  the  borings  are  a  preliminary  part  of  the  construction  of 
portions  of  a  rapid  transit  railroad  system  and  that  any  delay 
in  the  making  of  said  borings  may  delay  the  construction  and 
completion  of  said  system,  it  is  hereby  expressly  agreed  that  such 
damages  shall  be  liquidated  and  paid  as  follows :  The  Contractor 
shall  pay  to  the  City  for  each  and  every  clay,  except  Sundays 
and  legal  holidays,  that  he  shall  be  in  default  in  completing  any 
work  ordered  under  this  contract  the  sum  of  twenty  dollars 
($20),  which  sum  is  hereby  agreed  upon  not  as  a  penalty  but 
as  liquidated  damages  which  the  City  will  suffer  by  reason  of 
such  default.  The  City  shall  have  the  right  to  deduct  such 
amounts  from  any  moneys  due  or  which  may  thereafter  become 
due  to  the  Contractor  under  this  contract.  But  in  case  the  Con- 
tractor shall  be  actually  and  necessarily  delayed  by  reason  of 
any  labor  strike  not  caused  or  instituted  or  provoked  by  the 
Contractor  or  by  any  subcontractor,  agent  or  representative  of 
the  Contractor,  or  in  case  the  Contractor  shall  be  actually  and 
necessarily  delayed  by  any  injunction  or  by  any  interference  of 
public  authority  or  by  the  suspension  of  the  work  by  the  Com- 
mission as  provided  in  Article  XLVI  or  in  case  the  work  on  the 
East  River  shall  be  actually  and  necessarily  delayed  by  storms. 
ice  or  stress  of  weather  and  in  case  the  Contractor  cannot  with 
reasonable  diligence  make  up  for  the  delay  so  occasioned  by 
speedier  work  when  the  Contractor  shall  not  be  so  delayed,  then 

36 


TIME  FOR   COMPLETION,   DAMAGES  FOR  DELAY,   ETC. 

the  said  date  for  completion  shall  except  as  hereinafter  provided 
be  extended  by  resolution  of  the  Commission  to  a  date  later  than 
the  expiration  of  the  said  period  of  three  (3)  months  by  the 
amount  of  the  time  of  such  delay  as  determined  by  the  Com- 
mission. 

ARTICLE  XLV.     But  no  injunction,  strike  or  interference  of  commission 

iv  .1        ..          1      11    1  may  intervene 

public  authority  shall  be  ground  for  such  extension  unless  and  jn  case  of 
until  the  Contractor  shall  give  the  Commission  notice  of  the  in- 
junction or  other  cause  of  delay,  with  copies  of  ,the  injunction 
or  other  orders  and  of  the  papers  upon  which  the  same  shall 
have  been  granted,  and  no  extension  shall  be  granted  except  for 
the  delay  occasioned  after  the  giving  of  such  notice.  Nor  will 
any  extension  be  granted  in  any  case  unless  the  Contractor  shall 
prove  to  the  satisfaction  of  the  Commission  all  the  facts  which 
entitle  him  to  such  extension.  The  Commission  and  the  City 
or  either  shall  be  accorded  the  right  to  intervene  or  become  a 
party  to  any  suit  or  proceeding  in  which  any  such  injunction 
shall  be  obtained  and  to  move  to  dissolve  the  same  or  otherwise, 
as  the  Commission  or  the  City  may  deem  proper.  If  necessary 
the  Corporation  Counsel  or  the  Counsel  to  the  Commission  or  both 
shall  be  authorized  by  the  Contractor  to  appear  for  that  purpose 
as  counsel  or  attorneys  for  him. 

ARTICLE  XLVI.     The  Commission  reserves  the  right  of  tern-  suspension  of 

•  1  ,.  .  work  and 

poranly  suspending  the  execution  of  the  whole  or  any  part  of  additional  time 
any  work  ordered  to  be  performed  hereunder,  if  it  shall  deem  it  ance 
for  the  interest  of  the  City  so  to  do,  without  compensation  to  the 
Contractor  for  such  suspension  other  than  extending  the  time 
for  completing  the  work  as  hereinbefore  provided  as  much  as 
it  may  have  been  delayed  by  such  suspension. 

ARTICLE  XL VII.     Only  the  actual  delay  necessarily  result- 
extensions  not 
ing  from  one  or  more  of  the  causes  above  mentioned  shall  be 

ground  for  extension  of  time,  and  in  case  the  Contractor  shall 
be  delayed  at  any  time  or  for  any  period  by  two  or  more  of  the 
causes  above  mentioned,  only  one  period  of  extension,  if  any, 
shall  be  granted  for  such  delay  and  the  Contractor  shall  not 
be  entitled  to  a  separate  extension  for  each  one  of  the  causes 
so  operating,  it  being  understood  that  only  the  actual  period 
of  necessary  delay,  as  determined  by  the  Commission,  irre- 

37 


TIME  FOR  COMPLETION,  DAMAGES  FOR  DELAY,   ETC. 

spective  of  the  number  of  causes  contributing  to  produce  such 
delay,  will  be  ground  for  extension  of  time. 

ARTICLE  XLVIII.  The  permitting  of  the  Contractor  to  go  on 
anc^  finish  the  work  or  any  part  of  it  after  the  time  fixed  for 
its  completion  or  after  the  date  to  which  the  time  for  com- 
pletion may  have  been  extended  or  the  making  of  payments 
to  the  Contractor  after  any  of  such  periods  shall  in  no  wise 
operate  as  a  waiver  on  the  part  of  the  City  of  any  of  its  rights 
under  this  contract. 


38 


CHAPTER  VIII 
REMEDIES   IN   CASE    OF   CONTRACTOR'S   DEFAULT 

ARTICLE  XLIX.  If  any  work  to  be  done  under  this  contract  j£facua£e  of 
shall  be  abandoned  by  the  Contractor,  or  if  this  contract  shall 
be  assigned  or  the  work  sublet  by  him  otherwise  than  as  herein 
specified,  or  if  the  Contractor  shall  not  comply  with  such  orders 
as  may  from  time  to  time  be  given  by  the  Commission  or  the 
Engineer  with  respect  to  the  work,  or  if  the  Contractor  shall 
violate  any  of  the  provisions  or  covenants  of  this  contract  or  of 
the  specifications  or  shall  not  execute  the  same  in  good  faith  and 
in  accordance  with  the  terms  hereof,  or  if  at  any  time  the  Engi- 
neer shall  certify  in  writing  to  the  Commission  that  in  his  opinion 
suitable  and  sufficient  materials,  plant,  power,  tools,  supplies  or 
other  means  of  construction  are  not  provided,  or  that  a  sufficient 
number  of  workmen  are  not  employed,  in  the  execution  of  the 
work  under  this  contract,  or  that  in  his  opinion  the  work  or  any 
part  thereof  is  not  being  carried  on  with  such  skill,  diligence  and 
despatch  as  will  insure  the  completion  of  the  work  within  the 
time  specified  in  this  contract,  or  if  any  work  be  not  fully  com- 
pleted within  the  time  named  in  this  contract  for  its  completion 
or  within  the  period  to  which  the  time  for  completion  may  be 
extended  by  the  Commission  or  (in  view  of  the  necessity  for 
special  skill  and  ample  financial  resources  in  the  prosecution  of 
the  work)  if  the  Contractor  shall  become  insolvent  or  bankrupt 
or  if  his  property  or  affairs  shall  be  put  in  the  hands  of  a  receiver 
or  receivers,  then  and  in  any  of  such  cases  the  Commission  may 
upon  not  less  than  five  (5)  days'  notice  to  the  Contractor  or  upon 
such  shorter  notice  as  in  the  opinion  of  the  Commission  may 
be  justified, 

(1)     Declare  the  Contractor  to  be  in  default;  and  the  Com-  £°a^X°n 
mission   may    thereupon    notify   the    Contractor,    by    a   written  ^jf6  of 
notice,  to  discontinue  all  work  or  any  part  thereof  under  this 
contract,  and  thereupon  the  Contractor  shall  discontinue  the  work 
or  such  part  thereof,  and  the  Commission  shall  thereupon  have 
the  right,  either  for  the  Contractor,  for  his  account  and  at  his 
risk,  or  otherwise  as  the  Commission  may  determine,  to  contract 
for  the  completion  of  the  Works  or  such  part  thereof,  either 
with  or  without  public  advertisement,  or  to  place  such  and  so 
many  persons  as  it  may  deem  advisable,  by  contract  or  other- 


wise,  to  work  and  complete  the  work  herein  described  or  such 
part  thereof,  to  take  possession  of  and  use  any  or  all  of  the  mate- 
rials, plant,  tools,  appliances,  equipment,  supplies  and  property  of 
every  kind  provided  by  the  Contractor  for  the  purpose  of  his 
work,  and  to  procure  other  materials,  plant,  tools,  appliances, 
equipment,  supplies  and  property  for  the  completion  of  the  Works 
or  such  part  thereof,  and  to  charge  the  expense  of  said  labor  and 
materials,  plant,  tools,  appliances,  equipment,  supplies  and  proper- 
ty to  the  Contractor.  The  expense  so  charged  may  be  deducted 
and  paid  by  the  City  out  of  such  moneys  as  may  be  due  or  may 
at  any  time  thereafter  grow  due  to  the  Contractor  under  and  by 
virtue  of  this  contract.  And  the  Contractor  shall,  upon  the  com- 
pletion of  the  Works  or  such  part  thereof  or  from  time  to  time 
during  the  course  of  the  completion  of  the  Works  or  such  part 
thereof,  as  the  Commission  may  require,  forthwith  pay  to  the 
City,  with  interest,  the  excess,  if  any,  of  the  cost  to  the  City  of 
the  completion  of  the  Works  or  such  part  thereof  over  the 
amount  payable  to  the  Contractor  for  the  same  work  and  mate- 
rials under  the  terms  of  this  contract.  And  the  completion  of 
the  Works  or  such  part  thereof  by  the  Commission  shall  not  re- 
lease or  discharge  the  Contractor  from  liability  with  respect  to 
the  remainder  of  the  work  or  any  other  obligation  or  liability 
hereunder;  and  when  any  particular  part  of  the  work  is  being 
carried  on  by  the  Commission,  by  contract  or  otherwise,  under 
the  provisions  of  this  paragraph  (1),  the  Contractor,  unless  he 
shall  have  been  directed  to  discontinue  all  work,  shall  continue 
the  remainder  of  the  work  in  conformity  with  the  terms  of  this 
contract  and  in  such  manner  as  in  nowise  to  hinder  or  interfere 
with  other  contractors  of  the  Commission  or  with  the  persons 
or  workmen  employed,  as  above  provided,  by  the  Commission, 
by  contract  or  otherwise,  to  do  any  part  of  the  work  or  to  com- 
plete the  same  under  the  provisions  of  this  paragraph  (1).  Or 

or  contract  (2)   Declare  this  contract  at  an  end  except  as  to  the  liability  of 

the  Contractor  hereinafter  in  this  paragraph  provided  for ;  and  the 
Commission  shall  thereupon  have  the  right  to  contract  for  the  com- 
pletion of  the  Works,  either  with  or  without  public  advertisement, 
or  to  place  such  and  so  many  persons  as  it  may  deem  advisable,  by 
contract  or  otherwise,  to  work  and  complete  the  work  herein 
described,  to  take  possession  of  and  use  all  the  materials,  plant, 
tools,  appliances,  equipment,  supplies  and  property  of  every  kind 

40 


REMEDIES  IN  CASE  OP  CONTRACTOR  S  DEFAULT 

provided  by  the  Contractor  for  the  performance  of  his  work 
and  to  procure  other  materials,  plant,  tools,  appliances,  equip- 
ment, supplies  and  property  for  the  completion  of  the  same.  And 
in  case  the  expense  to  the  City  of  completing  the  Works  (includ- 
ing the  expense  of  procuring  such  other  materials,  plant,  tools, 
appliances,  equipment,  supplies  and  property)  shall  exceed  the 
amount  which  would  have  been  payable  to  the  Contractor  for 
the  same  work  and  materials  under  this  contract  if  this  contract 
had  been  completed  by  the  Contractor,  he  shall,  upon  the  com- 
pletion of  the  Works  or  from  time  to  time  during  the  course  of 
the  completion  of  the  Works  as  the  Commission  may  require, 
pay  the  amount  of  such  excess,  with  interest,  to  the  City;  and 
in  case  such  expense  shall  be  less  than  the  amount  which  would 
have  been  payable  to  the  Contractor  for  the  same  work  and 
materials  under  this  contract  if  this  contract  had  been  completed 
by  the  Contractor,  he  shall  forfeit  all  claim  to  the  difference. 
And  the  Contractor  shall  also  pay  to  the  City  the  amount  of 
any  claim  for  which  the  City  shall  be  liable  for  injury  to  person 
or  property  occurring  on  account  of  any  work  done  by  the  Con- 
tractor under  this  contract,  whether  by  reason  of  the  negligence, 
fault  or  default  of  the  Contractor  or  otherwise,  or  for  infringe- 
ment of  patents  or  for  any  neglect,  fault  or  default  of  the  Con- 
tractor, and  shall  also  pay  to  the  City  the  amount  of  any  other 
expense  which  the  City  may  incur  or  be  liable  for,  and  the 
amount  of  any  payment  which  the  City  may  be  required  to  make, 
and  the  amount  of  any  loss  or  damage  which  the  City  may  incur 
or  suffer,  by  reason  of  any  neglect,  fault  or  default  of  the 
Contractor.  And 

(3)  The  City  may  also  proceed  as  to  the  Commission  shall  Or  proceed 

J  ,  upon  bond 

seem  proper  upon  the  bond  or  other  security  m  its  possession. 
And 

(4)  The  City  may  also  bring  any  suit  or  proceeding  for  Or.  may  brins 
specific  performance  or   for   injunction  or  to   recover  damages 

or  to  obtain  any  other  relief  or  for  any  other  purpose  proper 
under  this  contract. 

ARTICLE  L.     In  case  the  Commission  shall  by  contract  or  Engineer's 
otherwise  complete  the  Works  or  any  part  thereof  under  the  pro-  6  °f 

visions  of  Article  XLIX,  the  Engineer,  upon  the  completion  of 
the  Works  or  such  part  thereof  or  at  any  time  thereafter  upon 

41 


REMEDIES   IN   CASE  OF   CONTRACTOR  S   DEFAULT 

demand  in  writing  by  either  party  hereto  or  from  time  to  time 
during  the  course  of  the  completion  of  the  Works  or  such  part 
thereof  upon  demand  by  the  Commission,  shall  certify  to  the 
amount  of  the  expense  incurred  by  the  City  in  the  completion 
of  the  Works  or  such  part  thereof,  and  said  certificate  shall  be 
final  and  conclusive  and  admissible  in  evidence  against  the  Con- 
tractor in  any  litigation  arising  or  growing  out  of  this  contract. 

city  may  use          ARTICLE  LI.     The  City  may  avail  itself  of  each  and  every 

all  remedies  J  ^        J  J 

remedy  herein  specifically  given  to  the  City  or  now  or  hereafter 
existing  at  law  or  in  equity  or  by  statute,  and  each  and  every 
such  remedy  shall  be  in  addition  to  every  other  remedy  so 
specifically  given  or  otherwise  so  existing  and  may  be  exercised 
from  time  to  time  and  as  often  and  in  such  order  as  may  be 
deemed  expedient  by  the  Commission,  and  the  exercise,  or  the 
beginning  of  the  exercise,  of  one  remedy  shall  not  be  deemed 
to  be  a  waiver  of  the  right  to  exercise,  at  the  same  time  or  there- 
after, any  other  remedy,  except  that  no  two  inconsistent  remedies 
shall  be  exercised  at  the  same  time. 


42 


TESTIMONIUM 

In  witness  Whereof,  this  contract  has  been  executed  for 
THE  CITY  OF  NEW  YORK  by  the  PUBLIC  SERVICE  COMMISSION 
FOR  THE  FIRST  DISTRICT  under  and  by  virtue  of  a  resolution  duly 
adopted  by  the  Commission  and  the  seal  of  the  Commission  has 
been  hereto  affixed  and  attested  by  its  Secretary  and  these  pres- 
ents have  been  signed  by  its  Chairman,  and  the  CONTRACTOR 
has  *  [hereunto  set  hand  and  seal  ] 

[caused  corporate  seal  to  be  hereto  affixed 

and  these  presents  to  be  executed  by  proper  officers] 

the  day  and  year  first  above  written. 

THE  CITY  OF  NEW  YORK 

By  the 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT 
By 

Chairman 
Attest 

Secretary 


*  If  the  contractor  is  an  individual,  use  the  words  enclosed  in  the  first 
bracket;    if  a  corporation,  use  the  words  enclosed  in  the  second  bracket. 

43 


ACKNOWLEDGMENT  FOR  COMMISSION 

STATE  OF  NEW  YORK| 
County  of  New  Yorkj 

On  the  day  of  1914,  before  me  per- 

sonally appeared  Edward  E.  McCall,  and  Travis  H.  Whitney, 
to  me  known  and  known  to  me  to  be,  the  said  Edward  E.  McCall, 
the  Chairman,  and  the  said  Travis  H.  Whitney,  the  Secretary 
of  the  Public  Service  Commission  for  the  First  District;  and  the 
said  Edward  E.  McCall  and  Travis  H.  Whitney  being  by  me  duly 
sworn,  did  depose  and  say,  each  for  himself  and  not  the  one 
for  the  other,  the  said  Edward  E.  McCall,  that  he  resides  in  the 
Borough  of  Manhattan,  in  the  City,  County  and  State  of  New 
York,  that  he  is  the  Chairman  of  the  said  Commission  and  that 
he  subscribed  his  name  to  the  foregoing  contract  by  virtue  of 
the  authority  thereof;  and  the  said  Travis  H.  Whitney,  that  he 
resides  in  the  Borough  of  Brooklyn,  in  the  County  of  Kings, 
City  and  State  of  New  York,  that  he  is  the  Secretary  of  the  said 
Commission  and  that  he  subscribed  his  name  thereto  by  like 
authority;  and  both  the  said  Edward  E.  McCall  and  Travis  H. 
Whitney  that  they  know  the  seal  of  the  said  Commission  and 
that  the  seal  affixed  to  the  foregoing  contract  is  such  seal  and  that 
the  same  was  affixed  to  the  foregoing  contract  by  the  authority 
of  the  said  Commission  and  of  a  resolution  duly  adopted  by  the 
same. 


44 


ACKNOWLEDGMENT  FOR  CONTRACTOR 
STATE  OP  NEW 


County  of  New  Yorkj 

On  this  day  of  ,  1914  before  me  per- 

sonally appeared 

to  me  known  and  known  to  me  to  be  the  individual  described 
in  and  who  executed  the  foregoing  instrument,  and  he  duly 
acknowledged  to  me  that  he  executed  the  same. 


STATE  OF  NEW  YORK| 
County  of  New  York£ 

On  this  day  of  ,  1914  before  me  per- 

sonally appeared* 

to  me  known,  who,  being  by  me  first  duly  sworn,  did  depose  and 
say :  That  he  resides  in  ,  in  the  State  of 

;  that  he  is 

of  ,  the  corporation 

described  in  and  which  executed  the  foregoing  contract;  that  he 
knows  the  corporate  seal  of  said  company;  that  one  of  the  seals 
affixed  to  said  contract  is  such  corporate  seal,  and  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  said  com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority. 


*  If  the  Contractor  be  an  individual  or  association  of  individuals  use  the 
first  form;  if  a  corporation  use  the  second  form. 

45 


FORM  OF  CONTRACTOR'S  BOND 

Know  all  Men  by  these  Presents,  That 
of 

hereinafter  called  the  CONTRACTOR  and  and 

hereinafter  called  the  SURETIES,  are  held  and  firmly  bound  unto 
The  City  of  New  York,  hereinafter  called  the  CITY,,  in  the  sum 
of  five  thousand  dollars  ($5,000)  lawful  money  of  the  United 
States  of  America,  to  be  paid  to  the  City,  for  which  payment 
well  and  truly  to  be  made  the  Contractor  and  the  Sureties  do 
hereby  bind  themselves  and  their,  and  each  of  their,  executors, 
administrators,  successors  and  assigns  firmly  by  these  presents, 
as  follows:  The  Contractor  to  be  so  held  and  bound  for  the 
full  amount  of  the  said  sum  of  five  thousand  dollars  ($5,000) 
and  each  of  the  said  Sureties  to  be  so  held  and  bound  only  for 
a  portion  of  said  sum  as  follows : 
The  said 
for  the  sum  of 

dollars  ($  )  ;  and  the     said 

for  the  sum  of 

dollars  ($  ). 

IN  WITNESS  WHEREOF,  The  Contractor  and  the  Sureties  have 
hereunto  set  their  hands  and  seals  and  such  of  them  as  are  cor- 
porations have  caused  their  respective  seals  to  be  hereto  affixed 
and  these  presents  to  be  attested  by  the  proper  officers,  this 
day  of  1914. 

WHEREAS  the  City,  acting  by  the  Public  Service  Commission 
for  the  First  District  (hereinafter  called  the  COMMISSION),  is 
about  to  enter  into  a  contract  with  the  Contractor  bearing  even 
date  herewith  for  the  making  of  land  and  river  borings  along 
the  lines  of  proposed  rapid  transit  railroads  in  the  Boroughs  of 
Manhattan,  Brooklyn,  Queens  and  Bronx  and  under  the  East 
River,  particularly  described  in  the  said  contract;  and 

WHEREAS  the  City  is  about  to  enter  into  such  contract  with 
the  Contractor  upon  the  condition,  and  not  otherwise,  that  this 
bond  shall  be  given  to  the  City,  and  upon  the  faith  thereof, 

46 


FORM   OF   CONTRACTOR  S  BOND 

Now,  THEREFORE,  the  condition  of  the  foregoing  obligation 
is  such  that  if  the  Contractor  shall  faithfully  perform  all  the 
conditions,  covenants  and  requirements  specified  and  provided 
for  in  said  contract,  then  this  obligation  shall  be  null  and  void, 
but  else  it  shall  remain  in  full  force  and  virtue. 

IT  is  EXPRESSLY  AGREED  between  the  City  and  the  Sureties 
(and  it  is  upon  such  agreement  that  the  City  accepts  this  bond) 
that  the  Sureties  will  and  do  waive  any  and  every  notice  of  de- 
fault on  the  part  of  the  Contractor ;  that  they  will  and  do  permit 
the  City  to  extend  the  time  of  the  Contractor  to  do  any  act ;  that 
no  omission  on  the  part  of  the  City  to  give  any  notice  of  exten- 
sion of  time  granted  by  or  on  behalf  of  the  City  shall  be  availed 
of  by  the  Sureties  or  any  of  them  as  a  defense  upon  this  bond ; 
that  the  Sureties  shall  not  set  up  or  have  any  defense  upon  this 
bond  by  reason  of  any  alteration  of  the  said  contract  unless  such 
alteration  shall  be  represented  by  a  formal  written  instrument 
duly  executed  between  the  City  and  the  Contractor  which  shall 
have  been  duly  authorized  by  a  vote  of  the  Commission  and  en- 
tered into  without  the  consent  of  the  Sureties ;  and  that  in  case 
of  such  alteration,  however  made,  the  same  shall  be  a  defense  to 
the  Sureties  only  to  the  extent  of  the  actual  injury  or  damage 
caused  to  the  Sureties  by  said  alteration. 


47 


CONTRACTOR'S  PROPOSAL 

FOR  MAKING  LAND  AND  RIVER  BORINGS  ALONG  THE  ROUTES  OF 
PROPOSED  RAPID  TRANSIT  RAILROADS 

NOTICE. — There  must  remain  annexed  hereto: 
Copy  of  Invitation  to  Contractors 
Copy  of  Information  for  Contractors 
Copy  of  Form  of  Contract 
Copy  of  Form  of  Bond 

To  the 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT: 

(1)     The  undersigned* 

do  hereby,  in  pursuance  of  the  Invitation  to  Contractors  and 
the  Information  for  Contractors,  copies  of  which  are  annexed 
hereto  and  made  a  part  hereof,  propose  according  to  the  terms 
thereof  to  enter  into  a  contract  in  the  form  annexed  hereto  and 
made  a  part  hereof  with  The  City  of  New  York  (hereinafter 
called  the  "City"),  acting  by  the  Public  Service  Commission  for 
the  First  District  (hereinafter  called  the  "Commission"),  for  the 
making  of  land  and  river  borings  as  they  may  be  needed  and 
ordered  along  the  lines  of  proposed  rapid  transit  railroads  and 
to  furnish  all  necessary  labor,  materials,  plant,  power,  tools, 
supplies  and  other  means  of  construction  and  perform  all  the 
work  mentioned  in  the  said  contract  at  the  unit  prices  for  the 
several  items  as  given  in  the  Schedule  of  Unit  Prices.  It  is 
understood  that  the  quantities  of  various  items  specified  in  the 
following  schedule  are  given  only  as  a  basis  for  the  uniform 
comparison  of  bids  and  are  not  in  any  way  guaranteed  or  repre- 
sented as  correct  or  intended  to  be  relied  upon  and  they  shall 
not  be  taken  as  final  and  shall  form  no  basis  for  any  claim  in 
case  they  do  not  correspond  with  the  final  measurements  or 
quantities.  It  is  further  understood  that  the  Commission  reserves 
the  right  to  increase  or  to  diminish  or  to  omit  entirely  any  of 
the  quantities  of  items. 


*  The  bidder's  name  must  be  inserted  here.  If  the  bid  is  submitted  by 
a  corporation,  the  full  legal  title  must  be  given  here  and  a  certified  copy 
of  the  certificate  of  incorporation  must  be  submitted,  together  with  an 
affidavit  showing  the  amount  of  stock  paid  in  in  cash  and  the  names  and 
addresses  of  the  directors  and  principal  officers.  If  the  bidder  be  a  foreign 
corporation,  proof  must  also  be  submitted  of  its  authority  to  transact 
business  in  the  State  of  New  York.  If  the  bid  is  submitted  by  a  firm,  the 
above  blank  must  be  filled  up  in  the  following  form,  "the  firm  of  A.  B. 
&  Co.,  composed  of  A.  B.,  C.  D.,  etc."  (giving  the  names  of  all  the 
partners). 

48 


CONTRACTOR'S  PROPOSAL 
Schedule  of  Unit  Prices 


Item 


Classification 


Unit  Price 


LAND  BORINGS 
For  sinking  casing,  being  all  such  work 
as  is  called  for  under  this  contract, 
including  the  furnishing  of  all  labor 
materials  and  appliances  required  and 
necessary  to  do  the  work,  per  linear 
foot,  as  follows: 

(a)  For   2j^-inch   casing,    Borough    of 
Manhattan 

(b)  For  2*/2-inch  casing,   Boroughs  of 
Brooklyn,  Queens  and  Bronx 

(c)  For    8-inch     casing,     Borough     of 
Manhattan    

(d)  For    8-inch    casing,    Boroughs    of 
Brooklyn,  Queens  and  Bronx 


For  drilling  for  cores,  being  all  such 
work  as  is  called  for  under  this  con- 
tract, including  the  furnishing  of  all 
labor,  materials  and  appliances  re- 
quired and  necessary  to  do  the  work 
per  linear  foot,  as  follows: 

(a)  For  1-inch  cores,  with  diamond 
drills  . 


(b)  For  1-inch  cores  with  shot  drills.. 

(c)  For    6-inch    cores    with    diamond 
drills    

(d)  For  6-inch  cores  with  shot  drills.. 

RIVER  BORINGS 

For  sinking  casing  for  cores,  being  all 
such  work  as  is  called  for  under  this 
contract,  including  the  furnishing  of 
all  labor,  materials  and  appliances  re- 
quired and  necessary  to  do  the  work, 
per  linear  foot  as  follows: 

(a)  For  1^-inch  cores 

(b)  For  6-inch  cores 


For  drilling  for  cores,  being  all  such 
work  as  is  called  for  under  this  con- 
tract, including  the  furnishing  of  all 
labor,  materials  and  appliances  re- 
quired and  necessary  for  doing  the 
work,  per  linear  foot,  as  follows: 

(a)  For  l^-inch  cores,  with  diamond 
drills  

b)  For  1^-inch  cores,  with  shot  drills 

c)  For    6-inch    cores    with    diamond 
drills 


(d)  For  6-inch   cores  with   shot   drills 


Estimated 
Approx- 
imate 
Quantities 


1,000 
1,000 
1,000 
1,000 


100 
100 

100 
100 


300 
300 


This  column 

not  to  be 

used  by 

Bidder 

Amount 


100 
100 
100 
100 


49 


CONTRACTOR'S  PROPOSAL 

(2)  If  this  Proposal  is  accepted,  the  undersigned  will  within 
five  (5)  days  after  the  delivery  of  notice  attend  at  the  office  of 
the  Commission,  in  person  or  by  duly  authorized  representative, 
and  will  then  and  there  deliver  the  contract  with  the  City  in  the 
form  aforesaid  duly  executed  and  with  its  execution  duly  proved ; 
and  the  undersigned  will  at  the  same  time  deliver  to  the  Comp- 
troller of  the  City  pursuant  to  the  terms  of  said  contract  a  bond 
in  the  sum  of  five  thousand  dollars  ($5,000)  in  the  form  annexed 
hereto  and  made  a  part  hereof,  with  the  following  named  sure- 
ties or,  in  the  event  that  the  following  named  sureties  or  any  of 
them  shall  not  be  approved  by  the  Commission,  with  such  other 
sureties  as  the  Commission  shall  approve:* 


It  is  understood  that  the  acceptance  of  this  Proposal  by  the 
Commission  shall  not  be  construed  as  an  approval  of  the  sureties 
named  in  this  Proposal,  and  in  case  the  sureties  named  in  this 
Proposal  are  not  approved  by  the  Commission,  the  undersigned, 
within  five  (5)  days  after  notice  of  disapproval  or  within  such 
further  period,  if  any,  as  may  be  prescribed  by  the  Commission, 
shall  substitute  the  names  of  other  sureties  approved  by  the 
Commission. 

(3)  If  the  Commission  shall  notify  the  undersigned  that  this 
Proposal  is  accepted,  then  if  the  undersigned  shall  fail  within 
five  (5)  days  thereafter  or  within  such  further  period,  if  any, 
as  may  be  prescribed  by  the  Commission  to  execute  and  deliver 
the  contract  or  execute  and  deliver  the  said  bond  or  make  the  said 
deposit  in  cash,  the  undersigned  may,  at  the  option  of  the  Com- 
mission, be  deemed  either  to  have  made  the  contract  or  to  have 
abandoned  the  contract.  And  in  the  latter  case  the  Commission 
may  give  notice  thereof  to  the  undersigned  and  may  thereupon 
proceed  to  make  another  contract  with  such,  if  any,  of  the  orig- 
inal bidders  as,  in  the  opinion  of  the  Commission,  it  will  be  to 
the  best  interests  of  the  City  to  contract  with  or  may,  with  or 
without  public  advertisement,  invite  further  proposals,  and  the 
undersigned  shall  thereupon  be  liable  to  the  City  for  all  loss  and 

*  The  bidder  may  deposit  cash  in  the  sum  of  five  thousand  dollars 
($5,000)  in  lieu  of  a  bond;  and  the  bidder,  if  desirous  of  so  doing,  shall 
so  state  here  and  shall  strike  out  the  words  in  italics. 

50 


CONTRACTOR  S   PROPOSAL 

damage  sustained  by  the  City  by  reason  of  such  failure  of  the 
undersigned.  Inasmuch  as  the  amount  of  such  loss  and  damage 
will  be  extremely  difficult  to  ascertain,  especially  in  view  of  the 
fact  that  the  borings  are  a  preliminary  part  of  the  construction 
of  portions  of  a  rapid  transit  railroad  system  and  that  any  delay 
in  the  making  of  said  borings  may  delay  the  construction  and 
completion  of  said  system,  it  is  expressly  understood  and  agreed 
that  such  loss  and  damage  shall  be  liquidated  and  paid  as  follows : 
The  undersigned  shall  pay  to  the  City  the  expense  of  such 
new  advertisement,  if  any,  and  in  addition  thereto  the  sum 
of  twenty  dollars  ($20)  for  each  and  every  day,  except  Sun- 
days and  legal  holidays,  that  the  City  shall  be  delayed  in  en- 
tering into  a  contract  for  the  making  of  such  borings  by  reason 
of  such  failure  of  the  undersigned  and  in  addition  thereto  the 
excess,  if  any,  of  the  amount  of  the  bid,  calculated  from  the 
quantities  and  prices  contained  in  the  Proposal,  which  the  City 
shall  accept  and  upon  which  it  shall  enter  into  a  contract  for  the 
making  of  such  borings  over  the  amount  of  the  bid,  calculated 
from  the  quantities  and  prices  contained  in  this  Proposal,  of  the 
undersigned ;  which  sums  are  hereby  agreed  upon  not  as  a  penalty 
but  as  liquidated  damages  which  the  City  will  suffer  by  reason 
of  such  failure  of  the  undersigned.  And  the  Invitation  to  Con- 
tractors, Information  for  Contractors  and  this  Proposal  shall 
constitute  a  contract  binding  the  undersigned  to  pay  to  the  City 
the  loss  and  damage  sustained  by  the  City  by  reason  of  such 
failure  of  the  undersigned,  as  aforesaid. 

(4)  At  the  time  of  delivering  this  Proposal  to  the  Com- 
mission the  undersigned  will  separately  deliver  a  certified  check 
payable  to  the  order  of  the  Comptroller  of  the  City  for  the  sum 
of  one  thousand  dollars  ($1,000).  And  the  undersigned  hereby 
assigns  to  the  City  the  said  sum  so  specially  deposited  by  the 
delivery  of  such  certified  check  as  security  for  the  performance 
of  the  obligations  of  the  undersigned  under  this  Proposal.  It  is 
understood  that  such  check  is  to  be  returned  to  the  undersigned 
when  the  contract  for  the  making  of  such  borings  is  executed 
and  its  provisions  in  respect  of  the  bond  or  deposit  are  complied 
with,  unless  all  the  proposals  submitted  in  response  to  said  Invita- 
tion to  Contractors  shall  be  rejected  by  the  Commission,  and  in 
that  case  when  such  proposals  are  rejected,  as  provided  in  the 
Invitation  to  Contractors.  In  case  the  undersigned  shall  default 

51 


CONTRACTOR  S  PROPOSAL 

in  the  performance  of  any  of  the  obligations  of  the  undersigned 
under  this  Proposal,  the  City  shall  have  the  right  to  apply  the 
amount  so  specially  deposited  or  so  much  thereof  as  may  be 
necessary  as  a  payment  on  account  of  the  damages  sustained  by 
the  City  by  reason  of  such  default  as  aforesaid  and  shall  return 
the  balance,  if  any,  to  the  undersigned.  If  the  amount  of  such 
damages  shall  exceed  the  amount  of  said  sum  so  specially  de- 
posited, the  undersigned  shall  promptly  upon  demand  from  the 
Commission  pay  the  amount  of  such  excess  to  the  City. 

(5)  A  notice  that  this  Proposal  has  been  accepted  addressed 
to  the  undersigned  by  the  Commission  as  aforesaid  shall  forth- 
with, at  the  option  of  the  Commission,  operate  as  against  the 
undersigned  as  a  complete  making  of  a  contract  according  to 
the  form  thereof  as  aforesaid,  with  the  blanks  therein  contained 
filled  in  according  to  this  Proposal. 

(6)  The  Commission  may  cause  any  notice  intended  for  the 
undersigned  to  be  delivered  at  Room  No.  on  the 

floor  of  the  building  No. 

in  the  Borough  of  in  the  City  of  New  York. 

Such  delivery  shall  be  sufficient  notice  to  the  undersigned. 

(7)  There  are  no  persons  interested  with  the  undersigned 
in  this  Proposal,  except* 


(8)  This  Proposal  is  made  without  any  connection  with 
any  other  person  making  a  proposal  or  bid  for  the  same  pur- 
pose and  is  in  all  respects  fair  and  without  collusion  or  fraud. 
No  member  of  the  Board  pf  Aldermen,  head  of  department, 
chief  of  bureau,  deputy  thereof  or  clerk  therein  or  other  officer 
of  the  City  or  any  member  or  employee  of  the  Commission  is 
interested  directly  or  indirectly,  as  contracting  party,  partner, 
stockholder  or  otherwise,  in  or  in  the  performance  of  the  con- 
tract or  in  the  supplies,  work  or  business  to  which  it  relates  or 
in  any  portion  of  the  profits  thereof. 

Dated  f  1914. 


*Here  insert  the  names  and  addresses  of  all  persons  interested  with 
the  bidder.    If  there  are  no  such  persons  strike  out  the  word  "except." 
f  The  bidder  must  sign  his  proposal  on  this  page. 

52 


CONTRACTOR  S  PROPOSAL 

AFFIDAVIT   OF   VERIFICATION 
STATE  OF  NEW  YORK         ) 

eg    • 

City  and  County  of  New  York^ 

being  duly 
sworn,  says:   I  am* 

the  proposing  Contractor  above  named.     I  have  read  the  fore- 
going proposal.    The  same  is  in  all  respects  true. 

Sworn  to  before  me  this  | 

day  of  ,  1914} 


*If  the  bidder  is  an  individual,  do  not  fill  this  blank;    if  the  bidder  is 
a  firm,  here  say,  "a  member  of  the  firm  of  ;" 

if  a  corporation,  say  "the  (President  or  other  officer  duly  authorized)  of 
the  Corporation." 

53 


YC  6^524 


THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


